Major legislation affecting the UK wind industry is expected this week. However, it has been delayed repeatedly due to political in-fighting within the Department for Energy and Climate Change.
Both Hayes and Davey have been conducting their battle through the UK press. Responding to anti-wind comments made by Hayes to the right wing Daily Telegraph, Davey told the left-leaning Guardian newspaper that he had appealed to prime minister David Cameron, stating Hayes had not kept to coalition policy.
After Cameron failed to act, Davey consulted lawyers. He said: "I asked the legal department here whether there was a danger John had prejudiced himself because he had made these statements, and they said there was a danger.
"They said they could not say it would end up in judicial review, and challenging decisions in which he was involved, but there was a greater potential danger."
Davey is preparing to unveil his Energy Bill this week, paving the way for more nuclear power stations and wind farms over the next two decades.