"Specifically, while the plaintiffs are outside on their property, they are confronted with irritating and unabated audible noise which significantly limits the use and enjoyment of their property and results in annoyance, along with other symptoms..." one of the complaints states. The New Creek Mountain Sportsman's Club claims its members suffer from headaches, rapid heartbeat, fatigue, hearing problems and other issues while on the hunting lodge's property.
Library filed under Legal from West Virginia
The West Virginia Public Service Commission issued this order denying a petition filed by the Appalachian Power Company (APCo) and Wheeling Power Company seeking consent and approval for APCo to acquire the Hardin wind generation facility (Hardin Wind Facility), that is under development in Hardin County, Ohio, and the Beech Ridge II wind generation facility (Beech Ridge II Wind Facility) that is under development in Greenbrier County, West Virginia. The Beech Ridge II facility is a 50 Mw wind project and the Hardin facility is a 175 Mw wind project. An excerpt of the order is provided below that highlights the reasons for the denial. The full order can be accessed via the links on this page.
Beginning Nov. 1, 2016, and continuing on a daily basis, when the plaintiffs are outside on their properties, they are constantly confronted with irritating and unabated audible noise ...The plaintiffs claim inside their homes, they experience disturbed sleep, headaches, rapid heartbeat, anxiety, nervousness, joint pain, an inability to clear ears, fatigue, vertigo, depression, tinnitus, irritability and anger.
The AES Laurel Mountain wind energy facility consists of 61 GE 1.6 MW turbines (97.6 MW) and a 32 MW Battery Energy Storage System (BESS). On October 2 and 3, 2011, fog and a low cloud ceiling resulted in migrating songbirds becoming trapped in the light of the battery complex. A total of 483 birds were destroyed as a result of colliding with the battery system and wires. AES Laurel Mountain LLC was sentenced by U.S. Magistrate Judge Michael J. Aloi to pay $30,000 in fines after pleading guilty to two federal charges related to the deaths, a crime under the Migratory Bird Treaty Act (MBTA). A portion of the filing is provided below. The full record can be accessed by downloading the documents attached to this page.
AES Laurel Mountain LLC was sentenced earlier this month by U.S. Magistrate Judge Michael J. Aloi after reaching a plea agreement ...The company was sentenced to pay the maximum fine of $15,000 for each of two misdemeanor counts of “unlawful taking” of migratory birds, a crime under the Migratory Bird Treaty Act.
The filing contended the company failed in its legal obligation to comply with the Migratory Bird Treaty Act by not using “reasonable, prudent and effective measures to avoid or minimize the impact of lighting on migratory birds.”
The suit, filed in U.S. District Court in Martinsburg, alleges low-frequency pulsations from the turbines, while always present, "are at times more severely debilitating, causing core pulsations. At times these symptoms are so intense that (potential buyers) cannot escape the adverse effects ... without leaving their property."
MARTINSBURG – A residential property developer is claiming damages after wind turbines were placed near his desired property development.
A Charleston attorney has filed 23 federal lawsuits on behalf of 38 Keyser residents against a local windfarm, alleging the sound of the turbines caused mental and physical health problems and the proximity caused homes to lose their value. Residents are asking for a permanent injunction to prevent the windfarm from continuing operation. The residents also seek reimbursement of any medical expenses related to its operation along with compensatory damages for past and future personal injuries, annoyance, inconvenience and the loss in value of the properties.