VCE’s Amended Motion for Summary Judgment in Deerfield Wind case

On Friday, Nov. 22, 2013, VCE and other plaintiffs filed this amended motion for Summary Judgment against the US Forest Service over their approval of a Special Use permit for Spanish Iberdrola’s big wind project.  The memorandum of law in support of the motion can be read here: 2013-11-22 AMSJ FINAL

I. INTRODUCTION

Plaintiffs move this Court for an order granting summary judgment in their favor.

II. SUMMARY OF ARGUMENT

The issue in this case is whether the U.S.D.A. Forest Service should be permitted to grant a permit to a private company to erect 15 wind turbines—eight of which are 415 feet high and seven of which are 399 feet high, and which measure 16-feet in diameter at their bases—on unspoiled ridgelines only 1.3 miles from the George D. Aiken Wilderness (Final Environmental Impact Statement [“FEIS”] at 148; A.R. 03C.00650; Supplemental Information Report (“SIR” at 2; A.R. 18F.00064; Appendix to Plaintiffs’ Motion for Summary Judgment [“App.”] at 26 and 128), when (a) the wind turbines would strip the Aiken of its wilderness characteristics, and (b) the Forest Service has failed to study adequately or fully disclose the harm to the environment the project would cause.