News & Analysis as of

Appeals Wind Farm

Mintz

Next week the 1st Circuit Court of Appeals will hear from opponents of the Vineyard Wind project and that brings to mind Irwin M....

Mintz on

On March 5th, three Judges of the First Circuit Court of Appeals will hear from lawyers for residents of Nantucket who sued to stop the Vineyard Wind project, the first utility-scale offshore wind energy project in in the...more

Seward & Kissel LLP

Blades are Spinning at America’s First Large-Scale Offshore Wind Farm

Seward & Kissel LLP on

The nation’s first large-scale offshore wind farm started spinning its blades on January 2nd. The wind project, known as Vineyard Wind 1, began operations near Martha’s Vineyard 15 miles off the coast of Massachusetts,...more

Mintz

The Osage Nation of Killers of the Flower Moon Fame Had a Big Win in Federal Court This Week

Mintz on

A Federal Judge in Oklahoma has ordered the ejectment of 84 wind turbines on 8400 acres of Osage County Oklahoma. The problem for the developers of the wind farm is that they leased the surface of those 8400 acres from the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Access to Wind/Windfarm: Maryland Appellate Court Addresses Dispute Between Adjacent Landowners

A Court of Appeals of Maryland (“Court”) addressed in an august 16th Opinion a dispute between a windfarm owner and neighboring coal cleaning operation. See Gestamp Wind North America, Inc., et al. v. Alliance Coal, LLC, et...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Power Purchase Agreements/Wind Farms: Federal Appellate Court Addresses Default/Termination

The United States Eighth Circuit Court of Appeals (“Eighth Circuit”) addressed in an August 24th Opinion a dispute involving electric power purchase agreements (“PPAs”). See Laredo Ridge Wind, LLC, et al. v. Nebraska Public...more

Foley Hoag LLP - Environmental Law

NEPA Does Not Require An Agency To Guarantee Project Compliance with Environmental Laws

In an interesting decision last week, the 9th Circuit Court of Appeals rejected challenges to BLM’s decision to issue a right-of-way permit for Tule Wind’s plan for a wind farm southeast of San Diego. It’s not exactly...more

Miller Starr Regalia

Kern County’s CEQA Mitigation Measure For Wind Farm Project Relying On FAA Review and Determination of Aviation Safety Impacts Is...

Miller Starr Regalia on

Alleged land use conflicts between newly proposed land uses and existing nearby airports are nothing new, and can produce heated CEQA battles as project opponents often raise “life safety” issues as potential project impacts....more

Akin Gump Strauss Hauer & Feld LLP

Ralls Case: How It Will Impact the CFIUS Process

A recent decision by the D.C. Circuit has prompted much speculation about possible changes to the traditionally opaque and secretive national security review process administered by the Committee on Foreign Investment in the...more

Eversheds Sutherland (US) LLP

D.C. Circuit Court’s Surprising Ruling on Chinese CFIUS Case May Result in Greater Transparency in Certain National Security...

On July 15, the United States Court of Appeals for the District of Columbia Circuit ruled that the President violated the due process rights of Ralls Corporation, a U.S. company owned by two Chinese nationals when, pursuant...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Court Finds CFIUS Violated Ralls Corporation’s Due Process Rights"

On July 15, 2014, the United States Court of Appeals for the District of Columbia remanded Ralls Corporation’s (Ralls) precedent-setting case against the Committee on Foreign Investment in the United States (CFIUS or the...more

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