Documents filed under Legal from Michigan

Ambrose: Courts Uphold Wind Turbine Noise Limits

Letter_to_wind_action_group_-_8dec2017_thumb This important letter by acoustician Stephen Ambrose explains how two separate court decisions, one in Massachusetts and the other in Michigan, together provide clarity on what the minimum protective noise limits should be when siting industrial wind energy facilities. Mr. Ambrose's letter includes links to the two decisions as well as supporting background information. The content of the letter is shown below. The original can be downloaded from this page.
8 Dec 2017

Decision: Tuscola Wind III v Almer Township MI

Tuscola_iii_v_almer_township_order_thumb This important decision by US District Court Judge Thomas L. Ludington addresses two arguments proffered by the wind industry. The first relates to the industry's argument that noise standards for limiting turbine noise emissions that are based on Lmax are not reasonable. The second discusses the argument that restricitve ordinances, in this case an Lmax noise limit, are de facto exclusionay zoning. Judge Ludington takes both claims on and finds the wind company's arguments are without merit. A portion of the decision is provided below. The full decision can be downloaded from this page.
3 Nov 2017

Meade Township Referendum legal challenge - letter

Parsch_-_letter_to_clerk_-_adequacy_of_petitions_thumb A petition signed by more than 120 people was submitted to Meade Township's clerk seeking a vote on whether areas in the township should be found suitable for wind energy development. The township clerk insisted the wording on the petition was inadequate, thus no ballot vote would happen. The deadline for submitting a petition has now passed. This letter, prepared by Attorney Joshua Nolan, explains Michigan's law on petitions and argues that the town clerk's decision to disqualify the petition was not lawful. A portion of the letter is posted below. The full letter can be accessed by clicking the link on this page.
22 Dec 2014

Consumers Energy Sound Mitigation Plan with Commentary

Masoncountymitigationplanreview-shineldecker_thumb The Lake Winds Energy Park has been found in violation of the Mason County Michigan zoning ordinance due to noise levels exceeding the permitted levels. The Mason County Planning Commission notified Consumers Energy of the exceedences and the matter is before the Courts. The attached document is the proposed sound mitigation plan. In addition, one of the residents pursuing the court case, Cary Shineldecker, filed a review of the mitigation plan. Both Consumers Sound Mitigation Plan and Mr. Shineldecker's review can be accessed by clicking the links on this page.
18 Feb 2014
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