[ exact phrase in "" • results by date ]

[ Google-powered • results by relevance ]


Subscribe to RSS feed

Add NWW headlines to your site (click here)

Sign up for daily updates

Keep Wind Watch online and independent!

Donate $10

Donate $5

Selected Documents

All Documents

Research Links


Press Releases


Publications & Products

Photos & Graphics


Allied Groups

News Watch Home

Judge Whittenburg dismisses lawsuit in wind energy case  

Credit:  By Anesa McGregor | Emmetsburg News | February 27, 2018 | emmetsburgnews.com ~~

An order to dismiss was filed on Monday, Feb. 19 by Judge Nancy Whittenburg in the first Mathis, Egland, Stillman, Reding (Plaintiffs) lawsuit against Mid American and Palo Alto Wind Energy, LLC (Defendants).

In the original filing on Oct. 13, 2017, the Plaintiffs asked for Declaratory and Injunctive Relief stating that the Defendants must obtain a certificate from the Iowa Utilities Board (IUB) pursuant to Chapter 476A of the Iowa Code before beginning to construct this wind energy project.

In their Pre-Answer Motion to Dismiss on three grounds: (1) Plaintiffs have failed to exhaust their administrative remedies and this Court (District Court) lacks original jurisdiction to decide Plaintiff claims; (2) Plaintiffs seek to overturn an un-appealed agency determination in this action, which constitutes an improper collateral attack and (3) Plaintiffs failed to state a claim upon which relief can be granted because the Plaintiffs’ petition merely presents a legal argument that is contrary to well-settled law.

In the Order to Dismiss, Judge Whittenburg ruled that the Plaintiffs should have exhausted their other non-judicial remedies in the Iowa Board of Utility Board Declaratory Ruling in case DRU-2017-003 before filing this suit and wasting judicial resources in Palo Alto County District Court.

Source:  By Anesa McGregor | Emmetsburg News | February 27, 2018 | emmetsburgnews.com

This article is the work of the source indicated. Any opinions expressed in it are not necessarily those of National Wind Watch.

The copyright of this article resides with the author or publisher indicated. As part of its noncommercial effort to present the environmental, social, scientific, and economic issues of large-scale wind power development to a global audience seeking such information, National Wind Watch endeavors to observe “fair use” as provided for in section 107 of U.S. Copyright Law and similar “fair dealing” provisions of the copyright laws of other nations. Send requests to excerpt, general inquiries, and comments via e-mail.

Wind Watch relies entirely
on User Funding
Donate $5 PayPal Donate


News Watch Home

Get the Facts Follow Wind Watch on Twitter

Wind Watch on Facebook


© National Wind Watch, Inc.
Use of copyrighted material adheres to Fair Use.
"Wind Watch" is a registered trademark.



Wind Watch on Facebook

Follow Wind Watch on Twitter

National Wind Watch