Appeals court overturns key Cape Wind clearance

Headline Legal News

A federal appeals court has rejected the Federal Aviation Administration's ruling that the Cape Wind project's turbines present "no hazard" to aviation, overturning a vital clearance for the nation's first offshore wind farm.

A decision Friday from the U.S. Court of Appeals for the District of Columbia said the FAA didn't adequately determine whether the planned 130 turbines, each 440 feet tall, would pose a danger to pilots flying by visual flight rules.

The court ordered the "no hazard" determinations vacated and remanded back to the FAA.

It also ruled that if the FAA found the project posed aviation risks, the U.S. Interior Department would likely revoke or modify the lease granted Cape Wind — the first granted to a U.S. offshore wind project.

The decision signals further delays for the project, which has struggled to find financing.

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What Is Meant by ‘No-Fault’ Workers’ Compensation in Illinois?

If you were injured in a work-related accident and have been researching workers’ compensation, you may have seen it described as a “no-fault” system. One of the most important things to understand about the workers’ compensation system in Illinois is that it is based on a “no-fault” system. What does this mean, exactly?

Most employers in Illinois are required by law to have workers’ compensation insurance. And the workers' compensation in Illinois is a “no-fault” system, which means that any worker who has been hurt on the job is entitled to workers' compensation benefits. If you have been hurt on the job, you are entitled to workers’ compensation benefits no matter whose fault the accident was.

A no-fault insurance system, such as workers’ comp, works by paying claims regardless of who is to blame for an accident. This provides an important layer of protection for injured workers, sparing them from having to through additional litigation and the through the additional burden of proving who was at fault before receiving benefits.

In Illinois, even though you don’t have to prove that your injury was your employer’s fault, you do have to prove that your injury happened at work or as a result of work. If you would like help to file your workers' compensation claim, Krol, Bongiorno, & Given’s experienced workers' comp lawyers are here to help. With over 60 years of combined legal experience, the KBG law firm is a leader in the field of workers’ compensation law and we have earned the reputation as aggressive advocates for injured workers before the IWCC.

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