Articles filed under Legal
Ms Villey-Migraine said: “They are on top of a mountain, in a region with protected species including golden eagles. 'One young eagle was killed by a turbine and the death of a cinereous vulture led to an order for the turbines to turn only at night'. "There are also restrictions due to bats. Other turbines on the mountains threaten protected species, but these were the only ones we could challenge in the courts over the building permit.”
The claim stems from a Jan. 9 incident in which 24-year-old Stringer attempted to dig out a coworker following a trench collapse at the Skookumchuck Wind Farm along the Lewis and Thurston county border. A second collapse buried and killed Stringer after he jumped in the trench attempting to save his coworker.
"The judgment does not help us as an industry," said Wolfram Axthelm managing director of the German Wind Energy Association (BWE) to the Handelsblatt. The challenge remains of balancing the protection of the individual birds and the protection of the population. The ball is now with the legislature in Germany. "The Environment Ministers' Conference has taken up the topic and must now come to results as quickly as possible," said Axthelm.
U.S. District Judge James Payne’s ruling that the work did not constitute mining was overturned by the 10th U.S. Circuit Court of Appeals. Subsequently, Osage Wind LLC contended it did not trespass and violate laws based on its argument that it had acted on legal advice which said a mining permit was not necessary.
The proceeding contends the town rushed the process through without the proper review and did so in part to thwart the residents’ efforts to incorporate the hamlet as a village. It also says the developer "purchased the town’s compliance," referring to a $28.9 million community benefits package offered by the developers as part of the deal.
A significant High Court ruling means wind farms have greater transparency obligations to the public concerning the provision of environmental information, including in relation to wind turbine noise.
NORWAY -- The Sámi herders from Nordland county are accusing the Øyfjellet windfarm constructors of breaking licensing agreements which stipulated that construction would not interfere with reindeer migration paths. This is not the first such lawsuit in Norway. In the past five years Sámi communities have begun legal actions against the country’s largest onshore windfarms and have appealed to the UN, arguing that the farms violate their territorial and cultural rights.
The Republic's Environmental Protection Agency (EPA) has said it is considering legal action against those responsible for a landslide at the construction site of a new wind farm that damaged a river in Northern Ireland.
The Environmental Protection Agency (EPA) has said it is considering legal action against those responsible for a landslide at the construction site of a new wind farm. Last November’s slide at Meenbog in Co Donegal brought thousands of tonnes of peat and trees down the hillside and into the River Finn. ...Invis Energy, owners of the turbines which are being built to supply energy to Amazon data centres, declined to comment.
Judge Karen Owens last week approved a Chapter 11 plan of reorganization by Tonopah Solar Energy, which operated the Crescent Dunes solar plant in Nevada that received $737 million in guaranteed loans from the federal government. ...DOE expected Crescent Dunes to produce up to 482,000 megawatt hours every year, but the plant hasn’t produced that much energy in its lifetime.
District Judge Kathy Seeley ruled the commission underpaid Caithness Beaver Creek for electricity it was scheduled to sell to the state’s largest monopoly utility NorthWestern Energy as part of a proposed $500 million wind and battery storage project, the Billings Gazette reported Wednesday.
Gary Abraham, attorney for the Coalition of Concerned Citizens (CCC), and Zoghlin Group of Rochester, representing the Town of Farmersville, both filed lawsuits against the Siting Board and Alle-Catt Wind Energy LLC, a subsidiary of Invenergy, with the Fourth Department of the Supreme Court’s Appellate Division in Rochester.
Just two weeks after overcoming a major state regulatory hurdle, a federal judge in the District of Columbia levied yet another setback for a plan by the Lake Erie Energy Development Corp. (LEEDCo) to build the region's first offshore wind farm on Lake Erie.
The Farmersville Town Board voted 3-2 Monday to appeal the New York Siting Commission’s approval of the Alle-Catt Wind Farm application. ...Board members also voted 3-2 to revoke a permit for a meteorological tower and to revoke a 2019 road use agreement the town negotiated with the Chicago-based Invenergy, the parent company of Alle-Catt Wind LLC.
A lawsuit opposing development of an industrial wind complex in northwest DeWitt County has been filed on behalf of 69 constituents against the DeWitt County Board and Enel Energy, owner of Alta Farms II. “This was something we wanted to avoid, but at this point, we have no choice,” said Olivia Klemm, one of the opponents of the wind farm. “We are not done fighting.”
“The French duty of vigilance law obliges EDF to examine whether its business operations risk violating human rights. If so, it must take measures to mitigate these risks. EDF is moving forward with the Gunaa Sicarú project even though it is resulting in serious human rights violations. The company must comply with France’s mandatory human rights due diligence law. In case it cannot mitigate those risks, the project should be cancelled ,” said Cannelle Lavite, legal advisor at ECCHR.
As a result of Mexico’s failure to implement and enforce the community’s right to free, prior and informed consent and the company’s failure to fulfil its duty of vigilance obligation to prevent violations of this right, the community has suffered internal division, escalating into violent conflict...In Mexico, the actions of EDF’s subsidiaries interfered with a meaningful free, prior and informed consultation...have severely impeded the realization of this right, and generated the escalation of violence in the community.
During a virtual meeting that involved a level of discussion and debate unusual for the Power Siting Board, board members unanimously voted to rescind part of an order they issued last May that approved construction of the wind turbines only if the turbine blades didn’t move at night between March 1 and Nov. 1, on the grounds that they would harm bats and birds.
The Ohio Power Siting Board is preparing to rule that it will not revisit its decision to allow the construction of Icebreaker Wind, the nation’s first freshwater offshore wind farm, in Lake Erie, with restrictions that backers say would doom the project.
Pretty Prairie Wind LLC, a subsidiary formed by NextEra Energy to develop an 82-turbine wind farm in the southeast quadrant of the county, filed the suit in July 2019 after it failed to obtain a conditional use permit to build the project.