CWWgroup 's List: Wind Legal Update News

EPA improperly relied upon provisions in the Clean Air Act's (CAA) market-based program that were meant to deal with acid rain, the panel proceeded to vacate completely the EPA's method for allocating emissions allowances to upwind states. This ruling already has had a significant impact on the emissions trading market. Following the decision, the valuation of NOx and SO2 emission credits free fell. Several utilities have already disclosed financial hits in filings with the Securities and Exchange Commission.

Iberdrola wants to place 27 wind-powered turbines over a 3.5-mile section of the Chestnut Ridge in Wharton, Georges and Springhill townships to generate electricity for the company's South Chestnut Ridge Windpower Project.

Resources on legal issues on Industrial Wind

"The use of wind power, like all renewable energy sources, should be encouraged to help clean our air and end our reliance on fossil fuels," Cuomo said. "However, public integrity remains a top priority of my office and if dirty tricks are used to facilitate even clean-energy projects, my office will put a stop to it."

Attorney General Andrew M. Cuomo announced today the launching of an investigation into two companies developing and operating wind farms across New York state amid allegations of improper dealings with public officials and anti-competitive practices. Subpoenas Served on First Wind/UPC Wind and Noble Environmental Power, LLC

Ten town of Lyme property owners have brought an Article 78 proceeding against the Town Council, claiming it improperly rejected a petition protesting the adoption of a local law regulating the siting of wind turbines.

The group of residents trying to stop the construction of White Oak Energy Center near their homes will have their lawsuit against White Oak Wind Energy LLC and the McLean County Board and Zoning Board of Appeals heard Oct. 27 in McLean County Court.

"The merits of the case are substantial and include numerous constitutional violations that occurred during the process of approving the special use permit for the construction ... of 100, 137-ton, 499-foot (tall) wind turbines in an area that includes no fewer than 450 households," the statement reads.

The Goldwater Institute is asking the state Supreme Court to strike down rules that require Arizona Public Service Co. to get a certain percent of electricity from renewable sources such as solar.

The organization filed a petition last week arguing that the Arizona Corporation Commission overstepped its authority by requiring APS to charge customers a monthly tariff to support renewable energy.

The Wind Power Ethics Group has appealed a state Supreme Court judge's ruling that three documents cannot be included in the record of an earlier appeal regarding dismissal of the group's Article 78 proceeding against the town's Zoning Board of Appeals.

The presiding judge in a lawsuit against the state of Massachusetts and the company that wants to build 130 wind turbines in Nantucket Sound dismissed the bulk of the suit this week.

Barnstable Superior Court Judge Robert Kane ruled in favor of Cape Wind Associates on most of the company's requests to dismiss five complaints in the case, which challenged the adequacy and jurisdiction of the state's review of the project under the Massachusetts Environmental Policy Act.

According to court documents from the Appellate Division, Fourth Judicial Department of New York, the court chose not dismiss an Article 78 lawsuit Tuesday following a motion by Hatch.

According to court documents provided by Arthur Giacalone, an attorney for petitioner Gerry Hedman, the court chose to continue hearing the case and will accept additional filings.

Former selectmen Chairwoman Veronica F. Beaulieu said the state Attorney General's Office ordered work stopped on the proposed Town Hall wind turbine after she filed a complaint over the bidding process.

The Attorney General's Office scheduled a hearing for June 10 in response to the challenge, Ms. Beaulieu told reporters Monday night outside the selectmen meeting.

Late last week, eleven citizens groups filed a Sixty Day Notice of Intent to Sue NedPower Mt. Storm and its corporate owners Dominion Resources, and Shell Wind Energy for violations of the Endangered Species Act involving the “takes” of the West Virginia northern flying squirrel, the Indiana bat, and the Virginia big-eared bat.

A Burke official with an option to lease land to a wind-farm company lost his court battle and must answer a subpoena from a Franklin County grand jury.

Town Council member David Vincent must turn over all correspondence, contracts, receipts, leases, purchase agreements, options or communications he has had concerning Noble Chateaugay Windpark, Noble Energy, Jericho Rise Windpark and Burke Wind Power.

Some farmers in Buena Vista and Cherokee counties, in northwest Iowa, were angry when the owner of a 10-year-old wind farm built on their land cut their annual payments of $2,100 by two-thirds.

"We had no idea they could do it," said retired farmer Ronovan Meyer of Alta, who signed a lease with what was then an Enron subsidiary to allow a wind turbine on his 160-acre farm.

The lease signed by Meyer and about 30 other farmers called for payments of about 6 percent of the value of the power produced. The new terms cut those payments to 2 percent with landowners being guaranteed at least $750 per year.

Todd and Jill Stull filed a complaint for damages and injunctive relief against Gamesa and Allegheny Ridge Wind Farm LLC (Babcock and Brown) due to excessive noise, flicker and other nuisance that are causing irreparable harm to the Plaintiffs and robbing them of their enjoyment of their property. A portion of their filing is detailed below. The full filing can be downloaded from the link at the bottom of this page.

No decision was made in a lawsuit filed by the Prattsburgh and Naples school districts against a payment-in-lieu of taxes agreement approved by the Steuben County Industrial Development Agency in January.

Dr. Todd Stull and his wife Jill say the wind turbines are a ‘nuisance’ and their presence disturbs the enjoyment of their property and their home. The lawsuit against the Allegheny Ridge Corporation and Gamesa Energy was filed Wednesday in the Blair County Court of Common Pleas.

Two area wind energy opponents filed a lawsuit Monday against the Taylor County Commissioners Court for granting what the plaintiffs say are illegal tax abatements to wind farms developed within the county.

According to the lawsuit, wind energy equipment is not eligible for tax abatements under the state tax code.

Although Gamesa Inc. has yet to start work or obtain a state permit for its proposed Shaffer Mountain wind project in Somerset County, three local groups say they’ll sue if the turbine maker proceeds.

Sensible Wind Solutions, Mountain Laurel Chapter of Trout Unlimited and The Allegheny Plateau Audubon Society on Tuesday told Gamesa representatives that federal litigation is coming if they don’t stop the project.