Documents from Illinois
In these two court cases, parent company Invenergy, received cash outlays for two Illinois projects, Bishop Hill and California Ridge. The funds were distributed, but the government witheld a portion of the grants claiming they were ineligible under the grant program. A suit was filed by Invenergy to recover the full grant amount it claimed it was entitled to and to prevent the government from clawing-back any additional grant money. In these final decisions, one for each project, the court ruled in favor of the Treasury. A portion of one decision is provided below. The full decisions can be accessed by selecting the document icons on this page.
The Dekalb County Board adopted a new wind energy ordinance in accordance with the recommendations of the county's Planning and Zoning Committee. The ordinance includes the following key standards: All turbines are to be situated at a distance not less than six (6) times the height of the WECS tower from all property lines, turbine towers are limited to 500-feet, no shadow flicker can extend onto neighboring non-participating properties, and turbines cannot produce sound that causes an exceedance of the preconstruction/operation background sound levels by more than 5 dBa. The resolution adopting the ordinance is provided below. The full ordinance can be accessed by clicking the link(s) on this page.
Following 9 months of testimony and cross examination as well as supportive votes cast by the Boone County zoning board of adjustment, the full county board met and passed this wind energy ordinance with a 9 to 3 margin. The ordinance provides for several protective provisions including establishing setback distances of 2,640 feet or 5.5 times the height of the wind turbine including the blades at the highest point, whichever is greater. A protion of the ordinance is provided below. The full document can be accessed by clicking the links on this page.
Ted Hartke, his wife Jessica and their two children, Phillip (age 9) and Sophia (age 6) have abandoned their home in Vermilion County, Illinois due to turbine noise. This testimony was delivered to the Boone County Illinois county commissioners on May 28, 2013 as the county considered a wind ordinance that would permit wind development. This testimony predates Mr. Hartke and his family leaving their home. A portion of his testimony is provided below. His full testimony can be accessed by clicking the link on this page.
This letter, which was read at the Vermilion county board meeting on Monday, October 8, 2013, was written by William C. Mulvaney, the Superintendent of Schools for Armstrong Township High School and Armstrong-Ellis CUD #61 in Illinois. The project is Invenergy's California Ridge with 134 turbines in Vermilion and Champaign counties. The setback at the time of construction was 1000 feet from the foundation of a family home. The setback was later changed to 1200 feet from the foundation. Mr. Mulvaney served on a wind ordinance panel. His message about students and families suffering the impacts of turbine noise and flicker is important.
Energy Ventures Analysis (EVA) prepared this critique of the decommissioning estimate of the Green River Wind Farm Phase I a wind energy facilitiy proposed to be built in Lee County, Illinois. The executive summary and recommendations of the estimate are provided below. The full report along with the transcript when EVA experts were cross-examined under oath and the EVA slide presentation can be accessed by clicking the links on this page.
This wind energy lease agreement was negotiated between Iberdrola Renewables (operating as Heartland Wind LLC) and landowners in Livingston County, Illinois. The agreement was accepted into the public record by the County zoning board.
On September 21, 2010, the Lee County Board in Lee County Illinois adopted this moratorium on wind farm applications until the ordinance governing wind development could be updated.
This detailed order prepared by IL Circuit Court Judge Michael Colwell rejects wind developer NextEra's motion to dismiss a lawsuit brought by about 40 landowners around the Shabbona area, giving the residents the trial they have sought for nearly a year. The lawsuit stems from the June 2009 decision by the DeKalb County Board to grant NextEra permission to build and operate 119 turbines in Afton, Clinton, Milan and Shabbona townships. NextEra has since built and begun to operate a 145-turbine wind farm that straddles the DeKalb-Lee county line. The lawsuit names NextEra Energy, the DeKalb County Board and each of its 24 members, and the nearly 100 landowners who allowed the turbines to be installed on their property.
Certified appraiser Michael S. McCann submitted this testimony to the Adams County Board, Adams County Illinois in reference the impact of industrial scale wind energy development on residential property. Mr. McCann's testimony provides a detailed explanation of the impacts he has found and his recommendations to avoid harm to adjacent property when siting projects. An excerpt of his testimony is provided below. The full testimony can be accessed via the link at the bottom of this page.
Plaintiff, Patricia A. Muscarello, by and through her attorney, Oliver Close LLC, filed 10 counts against the Winnebago County Board, Navitas Energy, Inc. and others including Count VI, denial of due process under Section 1 of the Fourteenth Amendment of the Constitution of the United States and Count VII, Denial of Due Process under Section 2 of Article I of the Constitution of the State of Illinois. The briefs in this case were filed with the United States District Court in the Northern District of Illinois. The briefs can be downloaded in their entirety by clicking on the links at the bottom of this page.
The residents of Libertyville, IL struggled since April 2009 with noise and flicker from a 120-foot, 50 kilowatt Entegrity wind turbine erected within 250-feet of residential properties. Following a civil proceeding seeking relief from the noise and other nuisances, the Court issued a compromise ruling ordering turbine operation be restricted to weekdays only during the hours of 9am to 3pm. Below is an excerpt of the court transcript explaining the law supporting the Court's ruling. The full transcript can be accessed by clicking on the link below.
This suit was filed against the Village of Libertyville (IL) and DPR Investments LLC shortly after a business-scale wind turbine was erected and became operational within 600 feet of residential properties. The Entegrity 50 kilowatt, 120-foot turbine is owned by DPR Investments doing business as Aldridge Electric Company. Complaints of noise, shadow flicker and blade flicker were heard right after the turbine started turning. On July 24, 2009, the Court issued a compromise ruling stating that the turbine was affecting neighboring residents and restricted the turbine hours of operation to weekdays from 9 a.m. to 3 p.m. (see: http://www.windaction.org/news/22373 )
In a public hearing session held on March 21, 2009 lasting from 9:00am Saturday to 3:40am Sunday, the hearing officer for Dekalb County heard extensive testimony for and against a proposal by FPL Energy to erect 133 turbines in the county. In a 14-page document filed with the county, the hearing officer recommended that the Special Use Permit be denied and listed eight reasons. The full document can be accessed by clicking on the links below.
The 'Citizens for Open Government' through its Attorney Richard Porter filed this motion to dismiss the special use permit application and the public hearing in the matter of FPL Energy Illinois Wind LLC. FPL Energy is seeikng a permit to erect up to 151 industrial scale wind turbines in an area currently zoned A-1, agricultural District. Attorney Richard Porter argues that the application is incomplete and the use not permitted according to current laws in the County. Attorney Porter's detailed arguments can accessed by clicking on the link below. The County took no action on this motion.
This analysis documents the marketing of a home within the footprint of the Mendota Hills wind farm. Four turbines are sited within 1000-1500 feet of the rear deck of the home's southwest corner.
These slides were presented by Horizon Wind (now EDP Renewables) to potential landowners willing to site wind turbines on their property in McLean County Illinois as part of the Twin Groves Phase II project. The entire project consists of 240 Vestas 1.65 MW wind turbines. Specifics on money paid landowners for leasing their land appears toward the end of the slide presentation. To view the slides, click the link(s) on this page.
This agreement was drafted by attorneys in the State of Illinois. If adopted as a condition of approving a wind energy facility, the agreement would guarantee property value protections for landowners whose property is located within the footprint of the project site.
The Logan County, IL zoning board of adjustment is conducting a public hearing on Horizon Wind's Rail Splitter wind facility. Mr. Len Freeman of Emden, IL presented this testimony before the Board. An excerpt of Mr. Freeman's testimony can be read below. His full testimony can be accessed by clicking on the link below.
The below statement was filed with the Logan County Planning Commission in regard to the Rail Splitter wind energy facility proposed for Logan County, IL.