Documents from Illinois

Invenergy v United States Section 1603 cash grant decisions

Californiaridge_v_us_1603_thumb 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 later discovered that a portion of the grants were overpaid. A suit was filed by Invenergy in order to prevent Treasury from taking any money back. 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.
20 Jun 2019

Dekalb County IL wind energy ordinance

Dekalb_wind_energy_ordinance_-_nov-2018_thumb 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.
2 Dec 2018

Boone County Illinois wind ordinance

Newwecsordinance-boonecountyil_thumb 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.
15 Nov 2015

Ted Hartke Testimony: We abandoned our home

Hartke_submittal-wind_farm_experience_5-28-13_thumb 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.
20 Jan 2014

Illinois School Superintendent Letter: Turbine noise creating health problems for students

Super-mulvaneyletter_thumb 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.  
8 Oct 2013

Decommissioning estimate for the Green River Wind Farm Phase I

Greenriverwf-decommission-eva_thumb 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.
3 Aug 2012

Iberdrola land lease: Heartland Wind LLC

Iberdrola_wind_lease_illinois_thumb 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.
4 Nov 2010

Motion to Dismiss suit denied; Hass, et al. v. County of DeKalb

Haasetalvnextera_thumb 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.
10 Jun 2010

Testimony of Michael McCann on property value impacts in Adams County IL

Mccann_appraisal__llc_written_testimony_re_setbacks___property_values_june_8_2010_thumb 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.
8 Jun 2010

Complaint filed: Patricia A. Muscarello v. Winnebago IL County Board, Navitas Energy, Inc., and others

Muscarello_complaint_file1_thumb 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.
15 Jan 2010

Newell et.al. vs. Libertyville - transcript

Newell_vs_libertyville_thumb 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.
24 Jul 2009

Law suit filed RE: business-scale turbine adjacent to residential properties

Libertyville_court_case_thumb 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 )
22 May 2009

Dekalb County Hearing Officer's findings of fact

Dekalbcountywind_farm_findings_thumb 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.
26 Mar 2009

Motion to dismiss filed with Dekalb County

Portermotiontodismiss_thumb 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.
16 Feb 2009

Horizon Wind landowner presentation

Horizonwindlandownerpresentation_thumb 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.
11 Aug 2008

Len Freeman testimony before Logan County Zoning Board

Zboapresentation_thumb 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.
19 Jun 2008

http://www.windaction.org/posts?location=Illinois&type=Document
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