By the reasons set forth in this order of Jun 22, 2007, the West Virginia Pubic Service Commission refused to issue a siting certificate to Liberty Gap Wind Force, LLC (Liberty Gap) to construct a wind turbine electric generating facility (Project) in Pendleton County, West Virginia. The applicant, US Wind Force, LLC, a Delaware limited liability company, had proposed constructing up to 50 wind turbines. The total output of the project would be up to 125 megawatts.

This WV Supreme Court decision decided in June 2007 provides a concise argument pertaining to nuisance issues (noise, flicker, strobing) and hazards as they relate to wind energy facilities built near residences. The background of the case and the court's conclusion are listed below. The full decision, including the discussion of nuisance issues and hazards, can be downloaded by clicking on the link. The court references substantial case law to support its decision.