Over 40 percent of the lands in Malheur County have been designated as core habitat for sage grouse by the Oregon Department of Fish and Wildlife ("ODFW"). Other counties in southeastern Oregon are also heavily affected. ODFW’s approach was to simply recommend against any development in core habitat, without consideration whether off-site mitigation could result … Continue Reading
We’re very pleased to report on a significant energy siting victory achieved by our client SDS Lumber Co. and its subsidiary, Whistling Ridge Energy LLC, at the Washington Supreme Court yesterday. We believe the decision sets an important precedent for energy facility siting in Washington. The case is Friends of the Columbia Gorge, Inc. and … Continue Reading
Via my colleague Thomas Braun: Earlier this week, the Minnesota Court of Appeals weighed in on a long-running dispute between the City of Orono and city resident Jay Nygard over the installation of a small wind turbine on Mr. Nygard’s property. The dispute began two years ago when the city denied Mr. Nygard a permit … Continue Reading
After years of uncertainty, the Wisconsin legislature allowed statewide wind energy siting rules to go into effect today. The new rules (known as “PSC 128”) require wind turbines to be located at least 1,250 feet from the nearest residence and at a distance 1.1 times the height of the wind turbine from the nearest property line. Cities, … Continue Reading
Through industry presentations and publications as well as through our blog, our energy attorneys are dedicated to helping you stay informed and knowledgeable about legal developments that affect your business. Visit our website for the latest calendar of events. Upcoming highlights include: Distributed Solar Summit 2011 November 30-December 2 – San Diego, CA This event … Continue Reading
Through industry presentations and publications as well as through our blog, our energy attorneys are dedicated to helping you stay informed and knowledgeable about legal developments that affect your business. Visit our website for the latest calendar of events. Upcoming highlights include: Southeast Biomass Conference & Trade Show November 1-3 – Atlanta, GA … Continue Reading
Late last week, an administrative law judge (“ALJ”) found that the Minnesota Public Utilities Commission (the “Commission”) is not obligated to consider or apply a county wind ordinance containing siting standards that are stricter than the Commission’s statewide standards. And even if the Commission were obligated to consider and apply the more stringent standards, the … Continue Reading
On June 8, 2010, Utah Governor Gary Herbert launched a formal planning process for the Utah Energy Initiative. Over the past several months the members of the Utah Energy Initiative Task Force and various subcommittees have conducted public hearings and a series of meetings to gather input for purposes of drafting a 10-year strategic energy plan. … Continue Reading
Wisconsin Governor Jim Doyle has signed a bill into law that will require the state Public Service Commission (PSC) to promulgate rules establishing common standards for political subdivisions to regulate the construction and operation of wind energy systems. The legislation seeks to address the patchwork regulatory framework created by local jurisdictions’ development of their own siting regulations, and to address … Continue Reading
On October 28, 2008, the Ohio Power Siting Board adopted rules implementing certification requirements for wind generating facilities in the state. The full text of the opinion and order approving the rules identifies the procedural background followed by the PSB and highlights comments received from all interested parties (including utilities, citizen groups, and AWEA). The The rules … Continue Reading
