Articles filed under Legal

French court orders 'historic' demolition of seven wind turbines

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.”
1 Apr 2021

Failure for wind industry: ECJ strengthens bird protection

"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.
4 Mar 2021

Sámi reindeer herders file lawsuit against Norway windfarm

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.
18 Jan 2021

EPA considers legal action over damage from wind farm landslide

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. 
30 Dec 2020

Judge approves Chapter 11 plan for Tonopah Solar Energy

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.
18 Dec 2020

Farmersville Town Board votes 3-2 to appeal Alle-Catt decision

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.
14 Oct 2020

Lawsuit filed to halt DeWitt County wind farm

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.”
13 Oct 2020

Wind park project in Mexico disregards indigenous peoples’ rights

“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.
13 Oct 2020

Wind farm in Mexico: French energy firm EDF disregards indigenous rights

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.
13 Oct 2020

Plans for Lake Erie wind farm clear a major hurdle, as ‘poison pill’ restriction is lifted

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.
18 Sep 2020

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