Legalectric

On June 10, 2020, Association of Freeborn County Landowners filed a Complaint against the Public Utilities Commission and four wind projects: Freeborn Wind, Plum Creek Wind, Buffalo Ridge Wind and Three Waters Wind:

AFCL brought this suit under MERA, the Minnesota Environmental Rights Act, which gives anyone standing to sue, and sue we did, seeking:

• A declaratory order that the state’s permitting of Large Wind Energy Conversion Projects is not in compliance with the Minnesota Environmental Policy Act;
• A declaratory order that the Public Utilities Commission has not complied, and must comply, with the mandate of Minn. Stat. §216F.05 to develop rules for environmental review of wind projects;
• An order that the Public Utilities Commission promulgate rules for wind siting and environmental review;
• A remand for additional proceedings as required by law and the Commission’s rules. 
• AFCL also seeks a temporary injunction pending these directives and actions by the Commission.  Minn. Stat. §116B.10.

All the Defendants have brought Motions to Dismiss, and today I received reams of paper with their arguments:

Filings from the PUC:

Filings from NSP & Plum Creek:

Filings from Buffalo Ridge Wind and Three Waters Wind:

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Onward toward the Motion Hearing on September 2, 2020! Lots of reading and writing to do in response to these, and lots of writing to do for our Motion for Temporary Injunction!