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(47,487 posts) Fri Apr 5, 2013, 10:28 AM Apr 2013

Judge sides with Xcel, throws out wind-farm suit

Source: StarTribune

A federal judge has vindicated Xcel Energy Inc. for its 2011 decision to cancel a $400 million wind farm in North Dakota that posed a potential risk to two protected birds.

U.S. District Judge Michael Davis dismissed a lawsuit filed by the developer of the 100-turbine Merricourt project, which remains unbuilt amid lingering fears that whooping cranes and piping plovers will be slashed to death by its turbine blades.

(snip)

EDF had alleged that Xcel saw a financial advantage in canceling the Merricourt deal because wind turbine prices had dropped during the recession. The termination left EDF on the hook for turbines it already had purchased. Xcel contended that EDF deployed the turbines at another wind farm, cutting its losses.

In his ruling issued Thursday, Davis wrote that EDF “is a sophisticated commercial entity that has entered into many projects involving wind projects and ... is knowledgeable of the varying risks that may arise with respect to such projects.”

Piping plover

Read more: http://www.startribune.com/business/201456361.html

5 replies

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Judge sides with Xcel, throws out wind-farm suit (Original Post) question everything Apr 2013 OP

Sounds like an interesting and complicated case. efhmc Apr 2013 #1

One small step for the Earth. n/t BlueToTheBone Apr 2013 #2

And interesting that it comes from a gas company question everything Apr 2013 #3

I expect to see more of that. Incitatus Apr 2013 #4

Good news, but looks like a pretty common sense ruling. Thegonagle Apr 2013 #5

efhmc

(14,731 posts)

1. Sounds like an interesting and complicated case.

Reply to question everything (Original post)

Fri Apr 5, 2013, 10:57 AM

Apr 2013

BlueToTheBone

(3,747 posts)

2. One small step for the Earth. n/t

Reply to question everything (Original post)

Fri Apr 5, 2013, 11:03 AM

Apr 2013

question everything

(47,487 posts)

3. And interesting that it comes from a gas company

Reply to BlueToTheBone (Reply #2)

Sat Apr 6, 2013, 01:11 PM

Apr 2013

that is not known as pro-environment.

But will take what we can get.

Incitatus

(5,317 posts)

4. I expect to see more of that.

Reply to question everything (Reply #3)

Sat Apr 6, 2013, 01:33 PM

Apr 2013

Renewable energy is the future, and while fossil fuel companies are making plenty of money with destructive ways of creating energy, they are all about the $$$$ and don't intend to miss out. As green energy technology becomes cheaper and government subsidies are handed out, they will be in a position to take advantage. They can only fight it for so long, they're going to have to accept it and do what they can to profit from it.

Thegonagle

(806 posts)

5. Good news, but looks like a pretty common sense ruling.

Reply to question everything (Original post)

Sat Apr 6, 2013, 07:47 PM

Apr 2013

Looks like the turbine builder didn't have a leg to stand on based on the contract.

Davis, in ruling issued Thursday in Minneapolis, dismissed the case before trial, saying that Xcel had a right to cancel its agreement at a drop-dead date — March 31, 2011 — because EDF had not yet obtained a state site permit as required by the contract.

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