Monday, January 24, 2011

Vermont Wind Wins Again in Environmental Court Battle Over Stormwater Permit

In re Sheffield Wind Project, Docket No. 252-10-08 Vtec
Vermont Superior Court, Environmental Division (Judge Wright)

Shems Dunkiel Raubvogel & Saunders' client, Vermont Wind, LLC, has won yet another battle against opponents of the Sheffield Wind Project. Project opponents had challenged the stormwater construction permit issued to the project by the Vermont Agency of Natural Resources by appealing the permit to the Environmental Court. After a after a lengthy trial spanning November, December, and January of 2009-2010, the Environmental Court ruled in favor of Vermont Wind and approved the permit. The Court's final decision issued in August 2010, and can be found here. Following the final decision, project opponents filed a motion to alter the judgment, asking the Court to reconsider its decision on a number of issues and to deny the stormwater permit. Earlier this month, the Environmental Court issued a decision on the motion, concluding that the project opponents had offered no new evidence or pointed to any errors of law that would warrant altering the original decision.

The Sheffield Wind Project is under construction and will be the first commercial wind project in Vermont since the Searsburg project was built in the 1990s.

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