The Polish National Institute of Public Health has filed this opinion regarding the construction of industrial wind energy facilities in close proximity to residential areas.
On the morning of March 5, 2016, the Falmouth Zoning Board of Appeals (ZBA) deliberated over whether the Town's application for a special permit to retain Wind 1 should be approved. Wind 1 is the first of two Vestas V82 1.65 MW turbines erected at the community's wastewater treatment facility. The turbines created significant controversy following noise complaints by nearby residents beginning in 2010 when the turbines were first turned on. In a February 2015 ruling, the Massachusetts appeals court found that the Town of Falmouth failed to meet the requirements under the local bylaws when it erected Wind 1 without first obtaining a permit. The ZBA hearing was to determine whether a newly filed application met the requirements for a permit to be issued retroactively. Wind I has been idle since September 2015. The attached documents represent the arguments by the town's attorney (in favor of issuing a permit), the residents (on why a permit should not be issued), and a spreadsheet itemizing the decisions that need to be made the the ZBA. The below summary by Mark Cool explains how the Board ruled on each of the decisions.
As of March 4, 2016, Apex filed a Notice of Tort Claim Pursuant to Indiana Code 34-13-3 (Indiana Tort Claims Against Governmental Entities and Public Employees Act). To summarize the notice, Apex claims that the commissioner’s official action on September 8th, 2015 to cease and desist all negotiations with Apex and to arbitrarily and capriciously reject the wind energy project will cause Apex to sustain economic losses. A portion of the tort claim is provided below. The full document can be accessed by clicking the links on this page.
Officials in Tuscola County’s Elmwood Township have enacted a one-year moratorium on construction of wind turbines, citing a need to “better protect the public health, safety and welfare” of residents. The moratorium wording is below and can be downloaded from the links on this page.
In this paper, acoustician Steven Cooper explains how traditional methods of recording noise emissions fail to account for infrasound coming from wind turbines. The Abstract and Conclusions of the paper are provided below. The full document can be accessed by clicking the links on this page.
Sarah Laurie, CEO of the Waubra Foundation in Australia, delivered this powerful speech before the Falmouth wind turbine demonstration held in Falmouth, MA on February 27, 2016.
The Ontario Environmental Review Tribunal released this decision partially granting an appeal of the Province's decision to approve the White Pines wind energy facility. The panel upheld the appeal because of the risk of serious and irreversible harm to the Little Brown Bat and Blanding’s Turtle. The White Pines wind facility, as proposed, consists of 29 wind turbines with a nameplate capacity of 59.45 megawatts (MW). The Project will be located within the ward of South Marysburgh and a small portion of Athol, Prince Edward County. The background details of the case before the Tribunal are provided below. The full decision can be accessed by clicking the links on this page.
Atlantic Coast Port Access Route Study (ACPARS) Workgroup prepared this final report that examines the various conflicts between shipping and other emerging coastal and offshore energy projects. Two portions of the report are provided below. The full report can be accessed by clicking the links on this page.
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.
In this powerful letter to the Brown County, Wisconsin Health Board, acoustician Robert Rand explains his obligations under INCE Rules of Practice to notify the appropriate authorities if he believes his professional judgment pertaining to human health impacts has been overruled. In this instance, Mr. Rand is responding to a decision by the county's health officer, Chua Xiong, to rule against the work of the Health Board and find that there is insufficient evidence to show a relationship between wind turbines and health concerns. Mr, Rand was one of four acousticians who studied the noise issues at the Shirley Wind facility. The final report showed that all of those involved with the study, including acousticians who work largely for the wind industry, agreed they had found sufficient evidence to classify low-frequency noise and infrasound emanating from the turbines as a serious issue.
This enforcement action was brought by the Town of Bourne in Massachusetts acting through its Board of Health. The purpose of the action is to require compliance with the Town's duly adopted Wind Energy Conversions System Regulations for a wind turbine system on land in the Towns of Bourne and Plymouth. The Town of Bourne seeks a Declaratory Judgment ruling that the wind turbine project is subject to the provisions of the Town's Board of Health Regulations and orders requiring the Defendant, Future Generation Wind, LLC to comply with the requirements of the Regulations. A portion of the complaint as filed is provided below. The full complaint can be accessed by clicking the link(s) on this page.
New York's Niagara County Planning Board meeting approved this amended wind law for the town of Somerset, NY. The findings made by the Town of Somerset to justify the provisions in the law are provided below. The full document can be accessed by clicking the links on this page.
The Town of Henderson, New York, engaged the Nanos Clarkson Research Collaboration energy consultant team to assist in determining a series of impacts from the proposed Galloo Island wind farm development. The Galloo Island project plan proposes to construct up to 29 turbines with a total nameplate capacity of 102 MW. The turbines will stand 575 feet high, with blade lengths of 210 feet. The executive summary and key findings of the study are provided below. The full report can be accessed by clicking the links on this page.
This new study examines bat mortality events including impacts from operating wind energy facilities. The global expansion of industrial wind energy production has resulted in multiple fatalities reported from wind turbines in North America, Europe, South America, Africa, and Australia, most during the past decade (See Appendix S6 of the report). Estimates that include bias corrections range to thousands of bat deaths annually at some facilities. Cumulative deaths of bats at turbines tabulated for Europe for the period 2003–2013 involved 5626 bats of 27 species in 18 countries, only a fraction of the likely mortality. In some regions, deaths of some species at wind turbines far exceed other known sources of mortality (Cryan 2011). Causes of susceptibility to wind turbines are not fully understood. To acess the full report click the links on this page.
This letter written by William Hallstein, MD, a practicing psychiatrist with over 40 years of experience, was delivered to the Falmouth Zoning Board of Appeals. Dr. Hallstein is also a resident of Falmouth Massachusetts. In his letter he explains the very real impact the Falmouth turbines on human health.
The European Court of Justice has ruled against Bulgaria in a case brought by the European Commission against the country over its failure to protect unique habitats and important species in the Kaliakra special protection area at the Black Sea coast, the court announced on January 14 2016. Projects such as wind turbines, a golf course, spa and hotels have been approved and built in the area by Bulgarian authorities, despite the likelihood it would lead to significant disturbance of these protected species. As a result, the court has found Bulgaria to be breaching the EU’s Birds and Habitats Directives. A portion of the ruling is below. The full decision can be accessed by clicking the links on this page.
In September, 2015 the Civitas Institute Center for Law and Freedom (CLF) filed suit against the NC Department of Environmental Quality (DEQ) on behalf of a Perquimans County couple. At issue is whether DEQ broke the law when it informed Iberdrola Renewables that its Amazon Wind Farm East would not be subjected to state regulatory standards. Soon after the filing, the Attorney General filed a motion to dismiss and supporting memoranda, to which CLF responded on November 19.
The Town of Freedom in Maine adopted this Wind Energy Ordinance requiring setbacks of 13 times the turbine height for three larger classes of windmills, which can represent a distance up to 1-mile. The ordinance limits nighttime noise emissions to 35 dB(A) and shadow flicker to no more than 10-hours per year on properties that are not participating with the the wind project. Portions of the ordinance are provided below. The full ordinance can be accessed by clicking the links on this page.
Wind Concerns Ontario submitted these comments to the Green Energy Approvals section of the Ministry of the Environment and Climate Change (MOECC), following testimony from acoustics experts at the appeal of the White Pines wind power project. In the letter (provided below and attached to this page), WCO requests that the MOECC review the testimony of the witnesses, specifically that Ontario’s noise regulations are inadequate to protect health, and to apply the information to the current review of noise regulations for wind turbines underway in the province. The White Pines Wind Project, if built, will consist of 29 wind turbines with a nameplate capacity of 59.45 megawatts (MW) situated in within the ward of South Marysburgh and a small portion of Athol, Prince Edward County, Ontario. For more information pertaining to the White Pines wind application appeal before the Ontario Environmental Review Tribunal, see this website - https://appec.wordpress.com/