WindAction | Petition and Complaint filed against the Town of Cape Vincent, New York

Petition and Complaint filed against the Town of Cape Vincent, New York

Gary A. Abraham, Esq. on behalf of Wind Power Ethics Group - October 26, 2010

This petition and complaint was filed with the New York State Supreme Court in response to a vote taken by the Town of Cape Vincent's planning board that approved the environmental impact statement for the St. Lawrence wind energy proposal. A subset of the filing is provided below. The full document can be accessed by selecting the link at the bottom of this page.

Excerpt from the Complaint

This proceeding is brought pursuant to Article 78 and Section 3001 of the New York Civil Practice Law and Rules ("CPLR") and asks this Court to annul, vacate and void a Findings Statement and accompanying approval of a Final Environmental Impact Statement addressing a wind farm project proposed by ST. LAWRENCE WIND POWER, LLC, ("SLW"), both (the "approvals") filed with the town clerk on September 29, 2010 by the PLANNING BOARD OF THE TOWN OF CAPE VINCENT ("planning board" or "board").

The approvals lack substantial support in the record of the board's review in this matter because the board ignored the findings and opinions of its own engineering and acoustic consultants regarding the noise that would be expected from the project, and Wind Power Ethics Group's ("WPEG's") acoustic consultant, and instead the board elected to rely on SLW's findings and opinions regarding noise impacts.