Category Archives: legal challenges

proposed wind energy facilities ordinance

   Notice for Town of Lincoln Residents (Wisconsin, USA)

A Temporary Moratorium on Development of Wind Energy Systems in the Town of Lincoln has been adopted and is in effect as of May 10, 2021. 

An ordinance summary can viewed under the Postings tab. 

The full ordinance can be viewed under the Ordinances tab.

Download PDF

Shortsighted planning has often resulted in the creation of problem industries that adversely affect public health and quality of life, compromise aesthetics, and degrado community character. Industrial WEFs are not exempt from those problems, and careful siting and protections are of paramount importance, This local Law will contribute to this effort

Town of Lincoln Wind Energy Facility Licensing Ordinance, section 2-2

A WEF may be a significant source of noise and vibration for the community. These can have negative health impacts on nearby residents, particularly in quiet rural areas. These can also negatively affect the quiet enjoyment of the area, properties, and quality of life of residents. According to various medical experts and the World Health Organization, the infrasound component of such noise can be the most problematic

Town of Lincoln Wind Energy Facility Licensing Ordinance, section 2-17

Green Energy vs Justice

GREEN ENERGY vs JUSTICE

A second peer-reviewed manuscript relating to the CCSAGE legal case has been published and is available on line. Entitled Ontario’s Green Energy Policy vs. Social Justice, the manuscript was largely based on the documents written to support the CCSAGE legal case. It has the stated objective:

To explore the development and implementation of Ontario’s Green Energy Act and the outcomes on social justice and risk of harm to Ontario residents. To provide examples of government actions taken to achieve its goals, and the occurrence of consequences, whether intended or unintended.

In memory of Alan Whiteley

Alan Whiteley

Whiteley, A., &Dumbrille, A. (2021). Ontario’s Green Energy Policy vs. Social Justice. Open Journal of Social Sciences, 9, 447-486.https://doi.org/10.4236/jss.2021.91033

Received: December 22, 2020
Accepted: January 26, 2021
Published: January 29, 2021

 

 

Justice Reform Recommendations using Green Energy Act

Lawyer Alan Whitely wrote to the Ontario government in July 2020, in an effort to affect modernization of the justice system. The goal was to improve access to justice for the people. The Green Energy Act was used as an example and recommendations were given to prevent this from happening again. He received no response from the Government. Even though the Green Energy Act was repealed in 2019 the consequences and impacts of renewable energy projects continue to divide Ontario.

Whiteley, A.,Dumbrille, A., & Hirsch, J. (2021). Access to Justice: Recommended Reforms to the Ontario Justice System Using the Green Energy Act as an Example. Open Journal of Social Sciences, 9, 1-19. https://doi.org/10.4236/jss.2021.91001

Historic Win ~ Bald Hills Wind~ Too Close to Home

Bald Hills Wind Farm neighbours win historic legal battle against turbines ‘too close to homes’

By Jedda Costa |August 20, 2020|ABC Gippsland

The South Gippsland Shire Council and local residents have won a legal fight against the Bald Hills Wind Farm (BHWF) near Tarwin Lower, about 150 kilometres south-east of Melbourne.

Key points:

  • A council in Victoria’s south-east has won a historic legal battle against a wind farm near Tarwin Lower
  • Last year, the operator of the Bald Hills Wind Farm sued the South Gippsland Shire Council after a report found turbine noise was affecting the wellbeing of nearby residents
  • The Supreme Court yesterday ruled there were no legal errors made by the council

The operator of the windfarm sued the council in March last year after it commissioned an independent report, which found noise from the farm’s turbines was having an adverse impact on the comfort and wellbeing of residents.

The company appealed against the council’s findings and sought a judicial review of the report, claiming it was incorrect and unlawful, but the Supreme Court yesterday ruled no legal errors were made throughout the council’s investigation….

READ ARTICLE

Government’s right to cancel renewable power projects upheld

ripped contract

The Ontario Court of Appeal has upheld a lower court decision saying the Ford government was within its rights to cancel numerous renewable power projects that had not yet met a critical milestone in the approvals process.

Grasshopper Solar Corporation v. Independent Electricity System Operator

Children received payment for illness claimed caused by wind turbines

thejournal.ie|by: Aodhan O Faolain|February 26, 2020

Three children receive €225,000 settlement over alleged illnesses caused by windfarm near family homewind refugee

THREE SIBLINGS WHO claimed their family had to abandon their home due to illnesses allegedly caused by a nearby windfarm have secured €225,000 as a settlement of their High Court damages claims.

The awards, were part of settlements made without admission of liability, made to Laura, David and Jack Kelleher.

The siblings claimed that they, along with their parents, had to leave their family home at Gowlane North, Donoughmore, Cork in late 2016 several months after a ten-turbine wind farm went into operation.

They claimed that the noise, vibrations and shadow flicker from the turbines, located just over 700m from their family farm, resulted in them suffering from various illnesses.

These included nosebleeds, ear aches, skin rashes, swollen and painful hands, loss of power in their limbs, sleep disturbance, and headaches.

Through their father Valentine Kelleher, the three siblings sued Green Energy Supply Ltd, which owns and operates a wind turbine installation known as Knockduff Wind Farm in Cork.

The actions were also against company director Michael Murnane of Gortyleahy, Macroom, Cork, who is the owner of Green Energy Supply….

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North Stormont Council Gets Update on Status of Nation Rise Wind

Nation Valley News|January 14, 2020
North Stormont Council receives an update on the status of the Nation Rise Wind Project. Councillor Roxane Villeneuve expresses concern that the township could be on the hook to refund building permit fees already collected.

Has Pension Plan bought into a huge Lawsuit?

Golden nest egg concept for retirement savings

CBC News|November 20, 2019

CPP might be ‘buying into a lawsuit’ through Pattern Energy acquisition, says lawyer

The Canada Pension Plan Investment Board (CPPIB) might be “buying into a lawsuit” by acquiring U.S.-based renewable energy company Pattern Energy, according to a lawyer representing Chatham-Kent residents whose lawsuit against the Ontario government — as well as three wind turbine companies, including Pattern Energy — was dismissed earlier this year.

Pattern Energy announced in early November that it had entered into a $6.1 billion agreement with the CPPIB that would see the federal pension plan’s investment arm acquire the renewable energy company.

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broken golden egg

 

Ireland fined over wind project mud slides

mud slideIreland fined €5m plus daily penalty of €15,000 over landslides at Galway wind farm

The fine relates to an incident which saw 50,000 fish killed in 2003.

November 12, 2019

THE EU’S COURT of Justice has fined the State €5m over its failure to comply with EU legislation that might have prevented landslides linked to the construction of a wind farm in the west of Ireland in 2003.

The penalty is set to increase further as EU’s top court set an additional daily fine of €15,000 until the Government achieves compliance with environmental legislation on assessing the impact of the wind farm Derrybrien, Co Galway.

The fine is due to the “seriousness and duration” of the failure to carry out an environmental impact assessment on the wind farm in the 11 years since a previous CJEU ruling on 3 July, 2008.

The legal action by the European Commission followed a massive landslide at Derrybrien on 16 October, 2003, when tonnes of peat were dislodged and polluted the Owendalulleegh River, resulting in the death of around 50,000 fish.

At the time Derrybrien was the country’s biggest-ever wind farm, and one of the largest in Europe, with 70 turbines. Its construction required the removal of large areas of forest and the extraction of peat up to a depth of 5.5 metres.

The European Commission said two investigations had concluded that the environmental disaster had been linked to the construction work on the wind farm.

READ ARTICLE HERE

On those grounds, the Court (Grand Chamber) hereby:

1.      Declares that, by failing to take all measures necessary to comply with the judgment of 3 July 2008, Commission v Ireland (C215/06, EU:C:2008:380), Ireland has failed to fulfil its obligations under Article 260(1) TFEU;

2.      Orders Ireland to pay the European Commission a lump sum in the amount of EUR 5 000 000;

3.      Orders Ireland to pay the Commission a periodic penalty payment of EUR 15 000 per day from the date of delivery of the present judgment until the date of compliance with the judgment of 3 July 2008, Commission v Ireland (C215/06, EU:C:2008:380);

4.      Orders Ireland to pay the costs.

READ COURT DECISION HERE

Ontario & Wind companies face legal action over contaminated wells

So it begins and to be continued.  Christine Burke started legal action challenging the Ontario Government, Ministry employees and the Wind companies. October 30, 2019 @ 10am is the next scheduled court date.

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SAVE THE DATE come out and show your support.  Car pooling is encouraged.

Next Court Date: October 30, 2019 @ 10am
(Dates and times subject to change on short notice)

Location: Blenheim court house, 21633 Communications Rd, RR#5, Blenheim

“The accusations – largely concerning the potential for contamination of private water wells by black shale and hazardous metals in the North Kent area – were submitted by Dover resident Christine Burke. The private prosecution charges – filed under section 14 of the Environmental Protection Act – name Ontario Environment minister Jeff Yurek, the Ministry of the Environment and several wind turbine companies with projects in the area.”

Wind case put over to Oct. 30|by: Trevor Terfolth|Chatham Daily News| August 14, 2019

Court adjourned until October for wind turbine, Environmental Protection Act charges|CBC News|August 14, 2019

Lawyers to review 2,000 pages of documents in CK water contamination case|

“When the pile driving and construction of the wind turbines started on our shallow aquifer our drinking water slowly turned black and is now unsafe to consume, cook with or even bathe in,” she says in court documents. “This issue continues today and we are not the only family affected by this devastation.”

Engie Canada, Pattern Energy Group and Samsung Renewable Energy are all also charged in relation to their work building the East Lake St. Clair Wind Farm and North Kent 1 Wind Farm.”

Ontario minister, wind companies charged under environmental protection act|| Published July 26, 2019- The Star