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Cape Wind Project To Face Legal Challenges

BOSTON – (AP) With federal approval behind them, developers of what would be the nation's first offshore wind farm still have a tough journey ahead before finally producing power in the waters off Cape Cod. On Wednesday, the Obama administration approved the 130-turbine Cape Wind project in...

Is Virginia Poised to Become a Mid-Atlantic Hub for Offshore Wind Energy?

By Michael P. Giordano, Vandeventer Black LLP While the United States grips with the devastating effects of a tragic offshore oil spill, states on the Atlantic coast are turning their focus toward the development of a different kind of energy off of their own shores. Offshore wind energy has the...

Sutherland Legal Alert: Wind Farm Generators Required to Comply with Transmission Reliability Requirements

By Dan Frank, J.J. Kubicek and Alex Konieczny The Federal Energy Regulatory Commission (FERC) has found that two wind farm generators must comply with reliability requirements applicable to transmission owners and operators because of the tie-lines that interconnect their generating facilities to...

Worried About Wind?

By Dianne Saxe, Ontario Environmental Lawyer So much misinformation has been spread about wind turbines that many reasonable people don't know what to think. As one reader wrote: "Hi Dianne, ... I wondered if you could direct me to reliable sources on the benefits / risks of Wind Turbines...

Renewable Energy Insight: Atlantic Wind Connection Wind Farm Project Joins With Belgian Electric Grid Firm Elia For Wind Energy

On July 22, 2011, the Atlantic Wind Connection ("AWC"), offshore transmission line project off the Mid-Atlantic coast that would bring thousands of megawatts of offshore wind capacity ashore ( see the October 12, 2010 edition of the WER ), announced that Belgium-based transmission company Elia...

Steptoe & Johnson: Mineral Interests vs. Wind Farm Conflict

In a time of ever-expanding forms of sustainable energy, one type of energy development can often conflict with another. A mineral owner has asked the U.S. District Court for the Northern District of Oklahoma to determine whose interests in energy development will prevail: the owner of a mineral estate...

Wind Controversy Research Report

By Dianne Saxe, Ontario Environmental Lawyer Here is a link to Renew Canada's 2011 research report, Wind Controversy in Ontario . The report was intended to be a neutral evaluation of the evidence cited by pro and anti-wind groups. According to the Executive Summary: The report examined...

New MOU to Provide for Streamlined Review Of Wind Energy Projects In Great Lakes

By Steven M. Siros, Partner, Jenner & Block On March 30, 2012, the White House announced that it had entered into a Memorandum of Understanding ("MOU") with five states (Illinois, Michigan, Minnesota, New York and Pennsylvania) that is intended to streamline environmental and other reviews...

Foley & Lardner LLP: U.S. Fish and Wildlife Service Issues Voluntary Land-Based Wind Energy Guidelines

By Tanya C. O'Neill and Sarah A. Slack , Attorneys, Foley & Lardner LLP The U.S. Fish and Wildlife Service (FWS) issued final Land-Based Wind Energy Guidelines on March 23, 2012 (Guidelines). The Guidelines, which became effective immediately, replaced interim guidelines issued by FWS in...

Foley & Lardner LLP: U.S. Fish and Wildlife Service Issues Voluntary Land-Based Wind Energy Guidelines

By Tanya C. O'Neill and Sarah A. Slack , Attorneys, Foley & Lardner LLP The U.S. Fish and Wildlife Service (FWS) issued final Land-Based Wind Energy Guidelines on March 23, 2012 (Guidelines). The Guidelines, which became effective immediately, replaced interim guidelines issued by FWS in 2003...

DLA Piper: EPC Contracts for South African Wind Farms

Engineering, Procurement and Construction (EPC) contracts are the most common form of contract used to undertake construction works by the private sector on large scale and complex infrastructure projects. Under an EPC contract, a contractor is obliged to deliver a complete facility to a developer who...

William A. Ruskin: Are Environmentalists Who Oppose Wind Farms Environmentalists?

By William A. Ruskin Wind power can help address the nation's compelling demand for electric power without increasing greenhouse gas emissions or enlarging our carbon footprint. Environmental activists, who are critical of the use of fossil fuels due to their perceived negative impact on the environment...

William A. Ruskin: Balancing The Rights Of Landowners, Wind Power Developers And Mineral Rights Owners

By William A. Ruskin It is the dream of many landowners in the United States to one day have both oil wells and wind turbines on their land. For this happen, however, landowners must play an active role in keeping oil and wind companies from trying to overreach each other in concurrent development...

DOI Announces July Auction of 160,000 Acres for Offshore Wind Development

On Wednesday, June 5, 2013, the Department of Interior's Bureau of Ocean Energy Management ("BOEM") issued the Final Sale Notice for the sale of commercial wind energy leases on the Outer Continental Shelf. The auction is scheduled to take place on July 31, 2013 and will offer 164,750 acres...

State Net Capitol Journal Legislative Updates: New Hampshire Legislators Propose Study Committee for Siting Wind Farms

ENERGY: The NEW HAMPSHIRE House and Senate endorse SB 99, which would create two study committees to review the state's criteria for siting wind farms and new electric generation and transmission facilities. It moves to Gov. Maggie Hassan (D) for review (UNION LEADER [MANCHESTER]). ENVIRONMENT...

Chicago To Double Amount of Electricity Obtained From Illinois Wind Farms

On July 9, 2013, Chicago Mayor Rahm Emanuel announced that the City of Chicago had taken steps to reduce its carbon footprint by negotiating an agreement pursuant to which the City will obtain at least 5% of its electricity from Illinois wind farms. The remaining 95% of electricity will be supplied by...

Few Complaints Once Wind Farms Start Operating

By Dianne Saxe, Ontario Environmental Lawyer Two recent studies confirm that complaints about wind turbines are much more frequent in areas where the turbines have not been built, than they are near operating wind farms. Wind farms are particularly accepted in Alberta, which has had large wind farms...

Department of the Interior Conducts Second Offshore Wind Auction

On September 4, 2013, the Interior Department’s Bureau of Ocean Energy Management (“BOEM”) held its public auction of the first federal lease for an offshore wind energy site off the Mid-Atlantic coast. This was the second federal lease sale; the first was in July for two lease areas...

Ruling: Wind Turbine Approvals Comply With The Charter

The Environmental Review Tribunal has approved another wind farm, in Bovaird v. Director, Ministry of the Environment , Case Nos.: 13-070 to 13-075. The Dufferin Wind Power Project , in the Township of Melancthon, County of Dufferin, is now approved to build 49 wind turbines with the capacity to generate...

Contrary Legal Winds at Cape Wind - Opponents of Offshore Wind Sue Asserting Preemption

By J. Wylie Donald Would you care to hazard a guess at how long it takes to bring online an offshore wind farm in the United States? At the moment, it is 12+ years and counting. A recent court filing arguing constitutional questions is certain to slow it down some more. In 2001 Cape Wind...

Another Anti-Wind Power Appeal Dismissed

Ontario’s Environmental Review Tribunal (ERT) has dismissed another anti-wind power appeal: May 14, 2014, Pitt v. MOE ERT Registry Number: 13-121. The Wainfleet Wind Energy Project can now proceed, despite objections from a skydiving club. The ERT ruled that the club had not shown that the turbines...

Steptoe & Johnson PLLC: Foreign Investors in U.S. Projects Have Right to Due Process in CFIUS Proceedings

Although United States Courts are generally reluctant to interfere in Executive Branch decisions related to national security, the United States Court of Appeals for the D.C. Circuit, in Ralls Corp. v. Committee on Foreign Investment in the United States , 2014 U.S. App. LEXIS 13389, recognized an important...