Friday, February 25, 2005

Kansas Wind Farm Faces Another Lawsuit

The Associated Press and the Wichita Eagle are reporting that several landowners in El Dorado, Kansas have filed another lawsuit to halt development of the Elk River Wind Farm. The landowners filed suit in state court yesterday against the Butler County Commission, challenging the commission's authority to grant a right of way for the wind farm's transmission lines. According to reports, the plaintiffs allege that they, not the county, own property on which transmission lines must be constructed. The complaint also challenges the $3M bond proposed for decommissioning the wind farm facility, claiming that the amount is insufficient to cover costs of dismantling the farm.

The new suit comes just weeks after a federal judge dismissed a case filed by the same plaintiffs in federal court against the developers of the Elk River Wind Farm. Among other things, the federal case alleged that operation of the wind farm would violate the Migratory Bird Treaty Act (MBTA). The judge dismissed the case for failure to state a valid legal claim.

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