Documents from USA

Sandstone Creek v Benton Township decision

Sandstone_creek_v_benton_township_thumb Sandstone Creek Solar LLC sought to construct a solar energy facility on 850 acres of agriculture land in Benton Township in Eaton County, MIchigan. The township did not have zoning at the time and relied on county zoning for land use regulation. When it became apparent that the County would support approval of the solar project Benton's Trustees adopted an interim zoning ordinance that permitted small-scale solar energy systems in districts zoned for industrial use and permitted large-scale solar energy systems in industrial districts by special use permit. Sandstone Creek and landowner, Gary Walters, filed a suit challenging Benton's actions. In this decision the court upholds the lower court's decision that found the Benton Township acted lawfully. The full decision can be accessed at the document links on this page. 
4 Feb 2021

Cardiologist’s Investigation and Response to Industrial Wind Turbines in the Rural Residential Countryside

20-12-07rev_johnson_impact_of_wind_turbine_noise_in_rural_residential_mason_county_thumb This important report written by a cardiologist provides a critically important, fact-based review of what he's learned and witnessed regarding the impacts of industrial wind turbines on human health. The executive summary and purpose of the report are provided below. The full report can be downloaded from this page. Windaction wishes to extend its special thanks to Dr. Johnson for taking the time to prepare this report.
7 Dec 2020

Washburn Wind project withdrawn

This email from RPM Access confirms the company's cancellation of the Washburn Wind energy facility. The 35-turbine (70 MW) project to be constructed in Black Hawk County Iowa was first approved in a 3-2 vote of the Board of Adjustment in April 2018. In early 2019, the company secured an extension from the county to delay start of construction until July 1, 2020. A law suit filed by county resident, Harold Youngblut, argued the county ordinance was not followed. The court ruled against Mr. Youngblut which he appealed. RMP Access insisted that the suit hindered its ability to find buyers for the energy.  
28 Jul 2020

Campo Wind Complaint

Campo_wind_complaint_7-8-20_thumb This complaint in federal court challenges the United States Bureau of Indian Affairs (“BIA”) notice of record of decision (ROD) authorizing the issuance of a 25-year lease of land (with a possible 13-year extension) between the Campo Band of Diegueño Mission Indians and Terra-Gen Development Company LLC (“Terra-Gen”), allowing Terra-Gen to develop, construct, the Campo Wind Facilities on the Reservation, and the Boulder Brush Facilities on adjacent private lands. The Campo Wind Facilities would consist of sixty 586-foot tall turbines, three 374-foot meteorological towers, 15 miles of new access roads, an electrical connection and communication system, a collector substation, an operation and maintenance facility, a gen-tie line, and other components needed for construction and operation. A portion of the complaint is provided below. The full complaint can be downloaded from the document links on this page. 
8 Jul 2020

Campo Wind Complaint

Campo_wind_complaint_7-8-20_thumb This complaint in federal court challenges the United States Bureau of Indian Affairs (“BIA”) notice of record of decision (ROD) authorizing the issuance of a 25-year lease of land (with a possible 13-year extension) between the Campo Band of Diegueño Mission Indians and Terra-Gen Development Company LLC (“Terra-Gen”), allowing Terra-Gen to develop, construct, the Campo Wind Facilities on the Reservation, and the Boulder Brush Facilities on adjacent private lands. The Campo Wind Facilities would consist of sixty 586-foot tall turbines, three 374-foot meteorological towers, 15 miles of new access roads, an electrical connection and communication system, a collector substation, an operation and maintenance facility, a gen-tie line, and other components needed for construction and operation. A portion of the complaint is provided below. The full complaint can be downloaded from the document links on this page. 
8 Jul 2020

How does wind project performance change with age in the United States?

Wind_project_performance_1-s2.0-s2542435120301744-main_thumb Researchers at the Lawrence Berkeley National Lab (LBNL) analyzed the performance of 917 wind plants in the United States and found steep declines in performance after the first 10 years of operation. The performance drop coincided with the plants losing their eligibility for the production tax credits (PTC). This could signal project owners are less interested in maintaining the turbines once the tax credits have ended. The PTC is available to operating projects during the first 10-years a project is in service. The summary of the paper is provided below. The full paper can be downloaded via the links on this page. 
15 May 2020

Travis AFB Midair Collision Avoidance Pamphlets 2007 to 2020

Travis_afb_maca_pamphlet_mar2011_thumb Travis Air Force Base Mid-Air Collision Avoidance pamphlets (MACA) for 2007, 2011, 2017, and 2020. In 2011, the MACA was amended to warn about the area over a wind turbine facility as being high-risk for mid-air collisions due to the impact of spinning turbine blades on radar. This warning did not appear in the 2007 MACA. At that time, the impact of the blades on digital radar systems was not well understood. Analog radars are not impacted by the turbines. The area continues to be a high risk for collision and pilots are required to fly with transponders turned on. The pamphlets can be downloaded by clicking the document links on this page. The single page shown below is taken from the 2011 pamphlet.
14 May 2020

Travis AFB Midair Collision Avoidance Pamphlets 2007 to 2020

Travis_afb_maca_pamphlet_mar2011_thumb Travis Air Force Base Mid-Air Collision Avoidance pamphlets (MACA) for 2007, 2011, 2017, and 2020. In 2011, the MACA was amended to warn about the area over a wind turbine facility as being high-risk for mid-air collisions due to the impact of spinning turbine blades on radar. This warning did not appear in the 2007 MACA. At that time, the impact of the blades on digital radar systems was not well understood. Analog radars are not impacted by the turbines. The area continues to be a high risk for collision and pilots are required to fly with transponders turned on. The pamphlets can be downloaded by clicking the document links on this page. The single page shown below is taken from the 2011 pamphlet.
14 May 2020

Malitsch v. Penn Forest Township Zoning Hearing Board: Decision

Malitschvspennforesttwp2-decision_thumb This court decision concerns the land use appeal initiated by Phillip Malitsch and Christopher Mangold against a Notice of Deemed Approval assumed by Atlantic Wind for a project in Bethlehem, PA. Penn Forest Township and Atlantic Wind each filed to present additional evidence against the appeal, providing testimony on project infrastructure and turbine noise. The court raised concerns regarding Atlantic Wind's inexact turbine noise predictions and the project's negative impacts on the area's potable water supply. The judge ultimately ruled in favor of the plaintiffs and vacated the Notice of Deemed Approval, and denied the special exceptions Atlantic Wind had requested. Portions of the court decision are cited below. The entire decision can be accessed by selecting the document link on this page.
21 Apr 2020

Potential impacts of visual impacts of Skipjack Offshore Wind project: Testimony of Robert G. Sullivan

Md_psc_skipjack_visual_impact_report_r_sullivan_thumb The testimony of Robert Scott that is accessible from this page describes the possible visual impacts of the Skipjack offshore wind energy facility proposed for off the coast of Maryland. The developers of the Skipjack facility are proposing to use the Haliade-X1 twelve-megawatt turbines. According to Mr. Sullivan, the Haliade-X turbines are 70% larger than the turbines that were originally proposed for the site and for which a permit was granted. The turbines will be visible to the unaided eye at distances greater than 36 statute miles, with turbine blade movement visible up to 29 statute miles, and often visible at 24 statute miles. Mr. Sullivan's testimony was provided to the Maryland PSC on behalf of Ocean City, MD. Mr. Sullivan's full testimony can be downloaded by clicking on the document links on this page.
17 Apr 2020

Demand letter urging compliance for the Black Angus wind facility

Final_apex__26_black_angus_demand_letter_4.13.20_thumb The North Texas Heritage Association sent this letter to APEX Clean Energy raising serious concerns over APEX's proposed project, Black Angus, and the threat to whooping crane populations. The Black Angus project and an unrelated wind project abutting it, will obstruct the centerline of the whooping cranes migratory corridor, putting at risk the sparse whooping crane population currently standing at only 505 in the wild. At minimum, the Heritage Association requests that APEX follow federal guidelines to adhere to environmental law, including the Endangered Species Act and the Clean Water Act, as well as follow the procedure for obtaining an incidental take permit (ITP) from the US Fish and Wildlife Service. Preferably, the Heritage Association recommends that the project be moved to a less environmentally sensitive location. An excerpt of the letter is provided below. The full report can be downloaded from this page.
13 Apr 2020

Demand letter urging compliance for the Black Angus wind facility

Final_apex__26_black_angus_demand_letter_4.13.20_thumb The North Texas Heritage Association sent this letter to APEX Clean Energy raising serious concerns over APEX's proposed project, Black Angus, and the threat to whooping crane populations. The Black Angus project and an unrelated wind project abutting it, will obstruct the centerline of the whooping cranes migratory corridor, putting at risk the sparse whooping crane population currently standing at only 505 in the wild. At minimum, the Heritage Association requests that APEX follow federal guidelines to adhere to environmental law, including the Endangered Species Act and the Clean Water Act, as well as follow the procedure for obtaining an incidental take permit (ITP) from the US Fish and Wildlife Service. Preferably, the Heritage Association recommends that the project be moved to a less environmentally sensitive location. An excerpt of the letter is provided below. The full report can be downloaded from this page.
13 Apr 2020

Proposed Apex and EDF wind farms whooping crane habitat assessment

Final_ntha_endangred_species__habitat_assessment_20200410_thumb Apex Clean Energy and EDF Renewables have each proposed large wind energy facilities to be situated in Clay County, Texas. The project locations fall squarely within the Whooping Crane migratory corridor and are recognized as stop-over habitat for the birds. Wildlife biologist, Jennifer Blair of Blair Wildlife Consulting, prepared this assessment of the likely impacts to Whooping Crane if the projects are constructed. The report also provides a useful summary of the extent to which wind energy development has been allowed to penetrate the limited migration corridor of Whooping Cranes. A short excerpt of the Blair report is provided below. The full report can be downloaded from this page. 
10 Apr 2020

Proposed Apex and EDF wind farms whooping crane habitat assessment

Final_ntha_endangred_species__habitat_assessment_20200410_thumb Apex Clean Energy and EDF Renewables have each proposed large wind energy facilities to be situated in Clay County, Texas. The project locations fall squarely within the Whooping Crane migratory corridor and are recognized as stop-over habitat for the birds. Wildlife biologist, Jennifer Blair of Blair Wildlife Consulting, prepared this assessment of the likely impacts to Whooping Crane if the projects are constructed. The report also provides a useful summary of the extent to which wind energy development has been allowed to penetrate the limited migration corridor of Whooping Cranes. A short excerpt of the Blair report is provided below. The full report can be downloaded from this page. 
10 Apr 2020

Hamilton County Nebraska adopts restrictive wind ordinance

Hamilton_county_commission_minutes3.2.20_thumb Hamilton County Commissioners adopted a resolution that increased setback distances to wind turbines to two (2) miles when measured at the property line of non-participating landowners and limited audible sound (dB) to 40 dB (not to exceed) at the nearest non-participating property line from the hours of 8:00am to 8:00pm and 37 dB at the nearest non-participating property line during the hours of 8:00pm to 8:00am. The minutes to the meeting where the amendments were approved and the zoning ordinance can be downloaded from this page.
2 Mar 2020

Ocean City Mayor’s letter regarding windmill construction offshore

Sos-letter_maryland_thumb In a letter from the Mayor of Ocean City, Rick Meehan, to the Maryland Public Service Commission the Mayor highlights the objections to wind turbines built off the coast of the Ocean City and the visual impacts of the turbines. The letter states that "The Town of Ocean City while in support for clean energy in Maryland, has opposed the size and location of the wind turbines. As the size of the turbines has increased, so has our concern for the visual impact they will have on our community and our property values.” In response to the size of the windmills now being proposed, the letter further said, “In order to avoid the destruction of our natural view forever and the negative impact on our community, the Town of Ocean City is insisting these turbines be moved at least 33 miles from shore.” The Mayor's letter can be accessed by clicking the document links on this page.
17 Jan 2020

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