Energy

New York court leaves turbine project dangling in the wind

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An appeals court has refused to order a local government to extend a special use permit for a proposed multimillion-dollar 29-turbine wind farm in Western New York. Allegany Wind LLC unsuccessfully sought a one-year extension of its permit for the controversial project in the town of Allegany, in Cattaraugus County just north of the Pennsylvania border. When the original permit was issued in July 2011, the town notified the company that the approval would expire if construction has not commenced within a year. The town extended the deadline because of a lawsuit by project opponents, Concerned Citizens of Cattaraugus. The citizens group lost that challenge in November 2011.

Land

Landowner off the hook for Superfund clean up in New York

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The 2nd Circuit U.S. Court of Appeals  ruled that the landowner had fulfilled all its responsibilities under the Superfund law — officially called the Comprehensive Environmental Response, Compensation and Liability Act, or CERCLA. The decision apparently leaves the subcontractor that hauled away the contaminated soil out of luck. Here’s what happened, according to legal documents:

Norampac Industries Inc. discovered that property it owned in Cheektowaga, near Buffalo, was polluted with lead and other contaminants. It negotiated a brownfield cleanup agreement with the New York Department of Environmental Conservation in 2006. Company lawyer John Horn of Buffalo said the property known as the N.L. Industries site had been used for brass foundry and smelting operations and for processing an alloy of tin, copper and antimony from 1892 until 1972.

Waste

Green gavel: Illinois man loses appeal in asbestos case

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By Eric FreedmanGreat Lakes EchoA federal appeals court has upheld a 10-year prison term for an Illinois sprinkler contractor who hired untrained workers to illegally remove asbestos without protective equipment and then arranged to dump the contaminated material. Prosecutors presented sufficient evidence to the jury that Duane “Butch” O’Malley knowingly violated the Clean Air Act by removing, transporting and dumping insulation containing asbestos, the U.S. 7th Circuit Court of Appeals unanimously ruled. Researchers have linked asbestos to such serious health risks as asbestosis, nonmalignant lung disorders, lung cancer and mesothelioma. According to legal documents, real estate developer Michael Pinski bought a Kankakee, Ill., warehouse that contained asbestos-containing insulationwrapped around pipes. Kankakee is about 60 miles south of Chicago.