Articles filed under Legal
Eric Firkel, Freedom town attorney, said the judge’s earlier decision voiding the 2018 law stated the 2007 law was in effect and acknowledged the 2019 law, which was similarly approved. “It is void on its face. It was not passed with proper procedures. The 2007 law is the current law,” Firkel said.
Gary Abraham, an attorney for residents of the two towns seeking more protective laws than ones passed earlier by the Farmersville and Freedom town boards, pointed out that the examiners, two administrative law judges from the state Department of Public Service and one from the state Department of Environmental Conservation, state that the 2007 Freedom wind law is in effect. That means turbine heights in Freedom are capped at 450 feet, not the 600 feet that Alle-Catt was seeking for its turbines. Alle-Catt had sought a ruling that the town’s 2019 wind law was in effect after a state Supreme Court judge ruled the 2018 wind law had not been legally approved.
Could a small bat derail some big plans for an Oahu wind farm? It's the latest challenge to the controversial Na Pua Makani wind project in Kahuku. The endangered Hawaiian hoary bat or 'ope'ape'a calls that area home, and some people are saying the wind farm developers - AES US Generation- don't have a permit to move the bats.
The California Native Plant Society sued the County of Santa Barbara today for approving the Strauss Wind Energy Project, which violates both the California Environmental Quality Act (CEQA) and California Fish and Game Code. The project threatens the federally- and state-endangered Gaviota tarplant with extinction and puts the local golden eagle population, a state Fully Protected Species, at risk.
The Kellehers claimed they started experiencing health problems in and around their family farm from May 2016 and had to move out of their home in November 2016. ...They claimed their symptoms eased after they moved away but returned if they spent any time attending at or assisting on the family farm. The defendants denied the claims, denied any breach of constitutional rights and said the wind farm was operated in a lawful manner.
Neighbors of the proposed Strauss Wind Energy Project south of Lompoc have filed legal action challenging the adequacy of the environmental review, calling it "inadequate, insufficient and misleading." George and Cheryl Bedford, represented by Santa Maria attorney Richard Adam Jr., have strongly opposed the wind farm planned for 3,000 acres off San Miguelito Road.
The Farmersville Town Board voted 3-2 on Jan. 6 to void the 2019 wind law, which town attorney Eric Firkel said was not properly adopted. The board’s action was demanded in a lawsuit filed by Farmersville United, which represents wind farm opponents. ...The lawsuit, filed Wednesday with Cattaraugus County Supreme Court Judge Terrance Parker, accused the Farmersville board of “attempting to invalidate” the town’s 2019 wind law by resolution voiding the law on Jan. 6.
The writ stated BHWF did not assess compliance with the night noise rule of the wind farm’s permit at any time from April 24, 2015 to March 23, 2019, and that night noise exceeded the limit for 10 per cent or more of the time. “Unless restrained by the court, BHWF will continue operating the wind farm in the same or similar manner as it has been operating during the relevant period, and the nuisance will therefore continue,” the writ stated.
These sanctions, amounting to €105,000 every week, will not be lifted until the ESB completes a retrospective environmental impact assessment at the development. The ECJ ruling said the breaches of environmental standards were a matter of "indisputable seriousness". The court said the Irish response had been delayed, insufficient and unjustified.
“Since Alle-Catt cannot be a party, based on the new order, and the existing parties have settled the case, the order closes this matter once and for all,” Abraham explained. Abraham predicted the judge’s decision “will have serious effects on the Alle-Catt project proposal.” While most of the electrical connections for the 117-turbine Alle-Catt Wind Farm passing through Freedom for interconnection points near Arcade, the town’s 2007 law won’t permit the 24 turbines proposed by Invenergy, Abraham said.
Mark DePasquale, founder of Green Development LLC, often turns to legal action when things don’t fall his way.
A Rhode Island renewable energy developer says it plans to sue the towns of Coventry and Exeter for a total of about $285 million, saying the corporation has been illegally deprived of its rights to develop solar projects in those towns.
A coalition of Chenango and Otsego county residents filed a petition last week in New York State Supreme Court calling for the annulment of the town of Guilford’s renewable energy law and the removal of the town supervisor from office.
NexGen purchased a wind turbine from Elecon Engineering, through Reflecting Blue, and erected the turbine next to Conneaut Middle School. The turbine at CMS occasionally produced electricity, but was never officially commissioned and had repeated technical problems, said Bradley Barmen, attorney for NexGen.
A pre-trial hearing concerning a civil lawsuit against Saline County and seven wind farm entities was held Jan. 15 at the Gage County courthouse in Beatrice.
“The commencement of construction is prohibited without a [wind energy conversion system] permit, constitutes illegal work, and amounts to a material breach of the parties’ agreements,” the county stated. “[Sugar Creek Wind] actively concealed this work from the Commissioners.”
Nathan Baker, staff attorney for Friends of the Columbia Gorge, said that his group's primary concern was that the way the rules were adopted shut out the public and made it difficult for citizens to participate. "That's never a good thing," he said. "There needs to be transparency and an open public process."
On Saturday, hundreds of homeowners, residents, and Ocean City visitors packed into the Ocean City Convention Center to make their voices heard about 800-foot offshore wind turbines potentially being built along the resort town’s shoreline.
Florida-based NextEra Energy Resources dropped its lawsuit against the Clinton County Commission on Friday, one business day before trial. ...Meanwhile, the company asked a judge to immediately rule in a lawsuit the company filed in 2017 against Washington Township, one of nine small jurisdictions in DeKalb County, just north of Clinton County.
The dismissal of the case means the county ordinance will remain in effect and a wind farm cannot be constructed. Wright said the company had no comment on the dismissal. Shaw said that his clients, from the beginning of public hearings on the issue, laid out a legal framework for their case for the ordinance.