California simplifies solar panel permit process

It is projected that over one million more solar panels will be installed on roofs in California over the next few years, thanks to California's Governor, Jerry Brown. Governor Brown is helping solar power San Diego ventures, as well as other cities statewide, in their advancement through the signing the California Senate Bill 1222.

The California Senate Bill 1222 simplifies the process of acquiring the permits – business, residential, or other – needed to install rooftop solar panels. The bill will limit and standardize the fees that a county or city can charge within the permit process. Although the cost of acquiring permits differs across the state, the new bill states that in general, “high permitting fees increase the costs of installations and reduce the ability for solar to be deployed across all income spectrums.”

Under the bill, it will be easier for all residential and business owners to obtain permits to install solar panels. Following the permit process, they can then continue to contact a solar panel installation company, such as Solaire Energy Systems, to install the solar panels on their roofs. The solar panels will then lower their utility bills and help California lessen its carbon footprint.

Governor Brown, in addition to the California Senate Bill 1222, also signed 18 additional new clean energy bills into state law. If California wishes to become a true green economy, then such legislative action is necessary.

Landowners sue Nebraska governor over eminent domain use for Keystone XL

A group of landowners in Nebraska is suing their state governor in order to stop the Keystone XL pipeline project, which is being built to transport tar sands petroleum from Alberta to oil refineries in Texas.

Inside Climate News reported this group of landowners, who recently helped stop TransCanada’s plan to build through Nebraska’s environmentally-sensitive Sandhills area, have said the laws upholding pipeline construction are unconstitutional, but state officials are disregarding the suit, saying it should be thrown out because eminent domain lawyer teams representing the landowners have no right to make the challenge.

The group, led by Randy Thompson, Susan Luebbe and Susan Dunavan has challenged Nebraska's controversial "pipeline siting" law by filing a suit against Nebraska Gov. Dave Heineman, the state treasurer and the director of the Department of Environmental Quality.

According to the landowners, the pipeline siting law, which went into effect last April, allows the oil company and other energy corporations to avoid rigorous environmental assessments by working through the DEQ, and not through the state's Public Service Commission.

While TransCanada's new route avoids the fragile Sandhills ecosystem, but it still crosses the Ogallal aquifer, one of the most important water sources in the state. 

Legal experts say the State Department will have the final say on whether to approve the Keystone XL's northern leg because it crosses a national border, but Nebraska regulators are largely responsible for determining whether the pipeline's route through the state is safe to people and the environment.

The pipeline sitting law also gives Gov. Heineman, who is in complete support of the project, the ultimate authority to approve or reject the Nebraska route. The law even lets TransCanada confiscate private land for Keystone XL construction through eminent domain before the project is federally approved. 

In response, the landowners want the law declared unconstitutional for giving the governor "unlawful" authority over pipelines and their private property. But it's still unclear if the case will be allowed to proceed.

Eminent domain attorney teams working on the case from the Nebraska Attorney General's office argued that the suit should be thrown out during a hearing last September. They said landowners have no right to challenge the $2 million pipeline review process because it isn't being funded by taxpayers. 

To this day, the route of the Keystone XL and it’s ultimate fate remain unclear, but judging from the state of the legal battles in Nebraska, it seems clear that governments support the project.

Energy company spars with landowners over pipeline in Michigan

Condemnation lawyer offices are hard at work in southern Michigan as Enbridge Energy plans to replace one of its pipelines that runs through the area. 

The pipeline that is being replaced is the same one that caused a major oil spill in Marshall about two years ago. Enbridge Energy representatives say the new pipeline will double the oil transportation capacities to refineries in Detroit, Toledo and Sarnia, Ontario.

In order to build the pipeline, the company says it needs additional easement next to the current 60 foot easement that runs through many people’s backyards. Enbridge says many people who own land along the pipeline route have signed contracts with the company.  But Enbridge is taking people who refuse to sign contracts to court Michigan Radio reports.

A county judge heard arguments against more than a dozen landowners.  Many locals gathered to fight against the energy giant and are saying the company is unfairly using eminent domain and condemnation laws, which were originally designed to help state governments build public projects. 

"Enbridge has taken us to condemnation. Eminent domain is another word for it.  And because we wouldn’t sign their contract as it was, they brought us to court to take the land."

More than four months have passed since Enbridge repaired sections of the current pipeline running through a resident’s backyard. But locals say Enbridge workers brought in lights and worked in their yard with heavy equipment day and night, causing inconvenient disturbances and loud noises for the in the family occupied neighborhood.

Some families say the work caused cracks in their foundation and caused other damage they say they have not been compensated for. Condemnation attorney experts have said many remain unsatisfied with the offers Enbridge made for their land for the new pipeline. 

Railroad company files condemnation suit

The second-largest railroad company in the United States, Norfolk Southern Railway Co., has filed another lawsuit to gain control of valuable land on the Wilmington Riverfront that the railroad alleges was illegally seized by the state’s inverse condemnation attorney.

The company requesting the that the state’s Superior Court set aside a 2006 condemnation judgment granted to the Delaware Department of Transportation that resulted in the state getting title to nearly two acres of ground. Alleging it was unaware about the eminent domain action involving its South Madison Street property, Norfolk Southern wants the case reopened in order to get access to an area that contains railroad tracks and billboards facing I-95 - which could bring in advertising revenue for the transportation giant.

Company representatives said a title search should have located the deed that gave the mailing address as Norfolk Southern Railway Co. in Roanoke, Va. The railroad alleges it didn’t receive a copy of the condemnation proceeding until May 4, the first documentation it says it received. 

The condemnation judgment is void because DelDOT lawyers for the eminent domain action in 2006 made “the grossly negligent misrepresentation” that a diligent search for the property owner had been done and “no known owners” found, according to company representatives. 

Norfolk Southern has insisted the judgment by Superior Court is preempted by federal law and therefore the state court lacked jurisdiction to condemn the land. The company is looking for every loophole and opportunity in state property laws that will help it get it’s hands on the terrain.

So far, the department has not commented on the matter other than to say it would be filing DelDOT’s response to the motion before a scheduled Sept. 4 hearing, according to an inverse condemnation lawyer for DelDOT. 

This is the second legal action Norfolk Southern has filed this summer.

The railroad brought suit in federal court in July after receiving a letter from DelDOT that the department would fence in a portion of the land to begin construction “no later than August 1” on parking spaces for the 14-screen cinema now under construction on an adjacent lot.

That case, which was brought against the development group behind the cinema project, including the Riverfront Development Corp. and Buccini/Pollin Group Inc., is now working through the court. DelDOT is not a party to that lawsuit.

California Lt. Gov. urges fed to probe eminent domain threats

California Lieutenant Governor Gavin Newsom is asking the U.S Department of Justice (DOJ) to investigate what he calls "threats" against cities in the state that are considering the use of eminent domain laws to revive their struggling housing markets.

Several Golden State communities have been considering the government takeover of underwater mortgages as a solution to the lingering housing crises, a move many eminent domain attorney experts say could work, but a recent report by Reuters said Wall Street investment firms and federal agencies have been bullying California communities that were considering the plan.

The whole idea was proposed by Mortgage Resolution Partners, a San Francisco-based organization run by Steve Gluckstern. Under the plan, local governments would evoke eminent domain laws to seize performing underwater mortgages, restructure the loans and resell them to investors tied to Mortgage Resolution Partners, which would receive a fee for the transaction. 

Apparently, this alternative method of dealing with the housing crisis has upset some big players in the financial world. Newsom sent a letter on Monday to U.S. Attorney General Eric Holder asking federal prosecutors to investigate any attempts by Wall Street investors and government agencies to "boycott" California communities that are considering such moves.

"I am most disturbed by threats leveled by the mortgage industry and some in the federal government who have coercively urged local governments to reject consideration" of eminent domain," he wrote in a letter.

The epicenter of the debate, San Bernardino County, is located east of Los Angeles, has set up a joint authority that is looking into the idea of using eminent domain to forcibly purchase distressed mortgages. Rather than evict homeowners through foreclosure, the public-private entity would offer residents new mortgages with reduced debts.

Newsom said in the letter on Monday that while he is not endorsing the use of eminent domain at this time, he wants communities in California to be able to "explore every option" for solving their mortgage burdens "without fear of illegal reprisal by the mortgage industry or federal government agencies."

According to eminent domain lawyer professionals, Governments typically use eminent domain to seize properties to build highways and other public projects. The proposal to use it to help distressed homeowners has already rankled some on Wall Street who invest in mortgage-backed securities and the real estate market.

Judge finds Tennessee energy giant guilty of negligence in coal ash case

The Tennessee Valley Authority (TVA) was negligent in not preventing a coal ash dam failure at its Kingston power plant in December 2008, that resulted in millions of gallons of toxic ash-laden water and mine tailing to flood the area’s rivers and valleys.

In a 130-page ruling, Judge Thomas Varlan at the U.S. District Court found TVA to be ill prepared for its energy operations reviewing the combined cases filed by local residents and their inverse condemnation lawyer representatives. At the moment, more than 60 cases and 800 plaintiffs are involved in the TVA coal litigation case.

In effort to resolve a public relations crisis, TVA has purchased more than 180 properties and settled over 200 other claims. TVA also provided $43m to the Roane County Economic Development Foundation for use by communities in the affected area. The ash recovery project is expected to continue through 2015. 

“The U.S. District Court today ruled that TVA can be held liable for conduct by TVA that contributed to cause the spill,” TVA said in a press release. “The litigation now will proceed to a second phase where the plaintiffs may attempt to prove they were each directly impacted by the spill on an individual basis. TVA remains committed to the full restoration of the community directly impacted by the spill, while being mindful of our responsibility to manage ratepayer dollars.”

TVA also confirmed its commitment has not wavered and pledges to clean up the spill, protect the public health and safety, restore the area, and, where justified, fairly compensate people who were directly affected.

Plaintiffs claim that the failure of the coal ash dike at Kingston and the resulting spill was caused by TVA’s negligent conduct with respect to the design, construction, implementation, operation, maintenance, and inspection of the coal ash storage and disposal facilities, the judge wrote. 

Initial complaints against TVA alleged causes of action for personal injury and property damage under tort law theories of negligence, negligence per se, gross negligence, trespass, nuisance, strict liability and inverse condemnation attorney.

Mary Anne Hitt, Director of the Sierra Club's Beyond Coal Campaign, said in statement that the decision is "a victory for every family that was impacted by this tragedy. Local residents have lost their property and been exposed to arsenic, lead, mercury and selenium. Forcing TVA to face up to its responsibility is just the first step in ensuring that these folks can rebuild their lives.”

California officials file lawsuit against farm contractor over unpaid wages

California labor regulators filed a lawsuit against a farm labor contractor seeking $635,000 in unpaid wages, penalties and damages from a San Joaquin County farm-labor contractor. 

In a suit filed by California Labor Commissioner Julie Su, the commission claims Javier Diaz and his Visalia-based company Diaz Contracting violated the law by failing to pay minimum wage and overtime to its 129 employees. 

Legal experts say it is the first time the Labor Commissioner has sued a farm contractor over unpaid wages. The lawsuit is the result of an extensive investigation, according to Su's office, the Division of Labor Standards Enforcement at the California Department of Industrial Relations.

"Low wage workers are particularly vulnerable and the mobile nature of the work in industries such as agriculture often poses challenges to enforcement," Su said in statement. "This lawsuit is an example of our commitment to conducting in-depth, meaningful inspections.

"It also sends a message that when workers come forward to tell us about illegal working conditions, we will take action to protect them."

In addition to the back wages, penalties and damages, the lawsuit asks a judge to grant an injunction to prevent Diaz and his company from engaging in future violations of state labor laws.

California labor officials are suing a farm labor contracting company over allegations the company failed to properly pay more than 100 farmworkers.

"Our intent is to level the playing field so that violators gaining a competitive advantage over law-abiding employers are held accountable," Labor Commissioner Julie Su said. "California's agriculture industry is a critical and valued part of the state's economy. The farmworkers on whom the industry relies must be treated with the respect and dignity they deserve."

Dispute with Lihir landowners shuts down major gold mine

The Australian reports one of the biggest in the world has been shut down by protesting landowners using an unusual, but locally traditional method to signal a property conflict without a dispute resolution Sydney in sight.

The protests had shut down all mine operations at 12.45pm on Sunday by placing gorgor plants around the mine site. According to Lihir Mining Area Landowners Association chairman Peter Suar, this is a traditional activity that is part of the grievance mechanisms used on Lihir island.

The gorgor is a type of ginger that has traditionally been used by clan leaders, in consultation with landowner group members, to settle land disputes peacefully. When the plant is placed around company land, it signals to everyone that the land is off limits and that talks are needed.

The controversy surrounding Newcrest’s goldmine on Lihir island in Papua New Guinea has been growing steadily over the years but exploded once the mine was slated $1.3 billion expansion. The conflict at Lihir comes as Newcrest and its joint venture partner, South Africa's Harmony, are due to update the market today on their large development plan for the Wafi-Golpu gold/copper project on the mainland.

Newcrest told the local market it was "striving for the prompt resolution of the matter and resumption of production" on Lihir, but analysts believe Wafi-Golpu can support annual production of more than 600,000 ounces of gold and 300,000 tonnes of copper.

Stock shares in the company were hit hard initially in response to the closure of the mine, which produced 604,336oz in the year to June, down from 635,610oz in 2011 because of maintenance issues. Newcrest fell as much as 5.85 per cent to $25.63 in the immediate reaction to the closure of its biggest mine.

Newcrest said the landowners required that mine production be suspended until the dispute has been resolved and are actively seeking a mediator Sydney to resolve the crisis.The processing plant remains on stand-by and all facilities have been "secured.” Newcrest is the largest gold producer listed on the Australian Securities Exchange.

Texas judge rules Keystone pipeline has eminent domain

TransCanada, the Canadian energy company behind the Keystone XL pipeline can take over land owned by independent Texas farmers, a county judge has ruled. In a short ruling sent from his iPhone, Judge Bill Harris of Lamar County Court upheld TransCanada’s condemnation lawyer of a 50-foot strip of land across Julia Trigg Crawford’s ranch property. The pipeline is being built to carry oil from Canada to Texas refineries.

A defiant Crawford said plans to appeal the ruling. “We may have lost this one battle here in Paris, Texas, but we are far from done,” she said in a written statement. “I will continue to proudly stand up for my own personal rights, the property rights of my family, and those of other Texans fighting to protect their land.”

The ruling by Judge Bill Harris removes yet another potential obstacle for TransCanada, which already has permits from the Army Corps of Engineers for the southern leg of the pipeline, which starts in Cushing, Okla., and runs to Port Arthur, Texas. TransCanada has said it will start building as soon as possible.

In March, President Obama endorsed the construction of the southern leg of the pipeline. He said it would alleviate a supply bottleneck at Cushing, where the benchmark price of oil is set for the U.S. market.

The ruling is the latest legal victory for TransCanada, whose plan to transport heavy oil sands crude through a 1,600-kilometer pipeline across the United States to Texas Gulf Coast refineries has been mired in controversy nearly every step of the way.

But some landowners and environmental groups have been building a campaign to put a halt to construction because of the threat a petroleum leak might pose to rivers, wetlands and humans.

Crawford had asserted that the Keystone XL pipeline was not entitled to eminent domain attorney because the pipeline would not be a common carrier, open to a variety of oil companies. She said that as a private project, it needed to negotiate rights of way without compelling landowners to enter agreements.

The Keystone project took a political tone when Republicans in Congress forced a two-month deadline on President Barack Obama to sign off on the international pipeline. Mr. Obama rejected TransCanada’s proposed route earlier this year, suggesting it direct the pipeline around a sensitive aquifer in Nebraska’s Sandhills region. But he encouraged the company to pursue in the meantime a shorter project from Oklahoma to the Gulf Coast.