Library filed under Impact on People from West Virginia
"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.
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.
Thus far, at least 32 lawsuits have been filed over the Pinnacle Wind Farm at NewPage on Green Mountain. Gary and Amy Kalbaugh are the latest to file a lawsuit in U.S. District Court for the Northern District of West Virginia at Martinsburg. The Kalbaugh lawsuit is only the second lawsuit classified as a “torts to land” claim.
In November or December 2011, the turbines produced noises and pulsations, according to the complaint. The complaint further states the noises and pulsations from the turbines cause annoyance, mental and emotional injuries, physical pain and decreased property use and enjoyment.
Anna Bell Saville lives about 1.5 miles from the site and contends she’s lost the ability to enjoy her home and property. She sued Pinnacle Wind LLC and its parent company, Edison Mission Group. The 23 turbines on Green Mountain create low-frequency pulsation noise and vibration that is irritating, annoying and “at times, severely debilitating, causing core pulsations,” her complaint said.
A West Virginia woman who says she's suffered physically and mentally from turbine vibration at a wind farm near Keyser is suing to have the operations shut down. Anna Bell Saville lives about 1½ miles from the site and contends she's lost the ability to enjoy her home and property. She sued Pinnacle Wind Farm LLC and its parent company, Rosemead, Calif.-based Edison Mission Group, in U.S. District Court in Martinsburg late Tuesday.
The residents, who all live close to the wind farm, allege that the turbines and blades emit both low- and high-pitched noises, causing health and mental problems, including disturbed sleep, headaches, stomach issues, ringing in the ears, internal pulsation, irritability, anger and fatigue. Parnell indicated that he wasn't aware of any other complaints about noise causing health issues at any of the other wind farms that Edison owns.
There can be no clearer example of the risk faced by the neighbors of the proposed Dan's Mountain wind project than what is actually happening just a few miles away at the Pinnacle project, which was developed by the very same individuals responsible for Dan's Mountain. If there is any doubt about the risk, perhaps Maryland citizens could speak with their West Virginia neighbors.
Health problems experienced by residents near a Brown County wind farm are being debated as the developer of that project seeks approval for a larger wind project in St. Croix County. In a series of tests conducted last month, acoustical experts from various sides of the wind power debate sampled homes in Glenmore, near the Shirley Wind project, for low-frequency noise.
Should the Braithwaites decide to pursue the matter further, they could file a nuisance claim in circuit court, according to the PSC document. Gary Braithwaite, along with 26 families, have hired a lawyer and are discussing the possibility of filing a suit for damages, according to the State Journal.
"Neither the siting rules nor the sound prediction studies that have been performed in connection with wind energy applications in West Virginia sufficiently captures what the reality will likely be once a project is in operation, or how the sounds are heard at various reference points in the vicinity of the project."
In a case that may well be be cited in the future by other wind farm owners calling for the dismissal of noise or other complaints associated with their projects, the PSC ruled that "the Commission does not retain the statutorily defined, continuing jurisdiction to address the issues raised by the Complainant." ... The Commission did note, however, that Braithwaite and others have recourse through the courts.
The West Virginia PSC says its staff should take another look at noise from the Pinnacle Wind Farm on Green Mountain. Richard Brathwaite, a resident of Green Mountain, filed a formal complaint with the PSC on Feb. 22, citing that the noise inside his home exceeds 60 decibels and exceeds 80 decibels outside.
Edison Mission Energy has 10 days to respond to the PSC's memorandum, according to Parnell. ...PSC staff believes that although the noise complaints do not violate a direct term or condition, the complaint does allege violations of representations made by Pinnacle in its application and violations of Findings of Facts and Conclusions of Law contained in the certificate order.
Richard Braithwaite, whose home lies about a half-mile from the nearest Pinnacle Wind turbine, said in a complaint filed in February that he has recorded readings as high as 83.4 decibels outside his home, and indoor readings as high as 63.6 decibels, since the turbines began operating in November.
Staff noted in its March 28 memorandum that, although the noise problem does not violate a direct term or condition of the commission's Jan. 11, 2010 order granting the siting certificate, it does contradict the commission's findings of fact and conclusions of law.
The memo, prepared by a West Virginia Public Service Commission staff attorney, recommends the PSC investigate the noise complaints filed at the Pinnacle wind energy facility. Pinnacle Wind LLC has asked that the complaint be dismissed.
Richard Braithwaite filed the complaint last month, citing excessive noise levels both inside and outside his Green Mountain home near the 23-turbine wind farm. He is asking the PSC to order Edison Mission Group, the wind farm owner, to either fix the noise problem or shut down the turbines, at least at night.
Braithwaite said that when the turbines spun for the first time Nov. 5 that he woke up in the middle of the night and went all around his house trying to find out what was making the noise that had awakened him. "Then I opened the door and heard it.
Eight Mineral County residents, all with their homes a short distance from the 23-turbine Pinnacle Wind Farm, voiced their concerns about the noise emitted from the turbines during a Community Advisory Panel meeting on Monday evening.