NINETY ENVIRONMENTAL GROUPS SEEKING TOUGHER RULES ON WIND PROJECTS

By Robert Bryce,

Source www.huffingtonpost.com 

March 15, 2012 

In 2009, the U.S. Fish and Wildlife Service estimated that the domestic wind turbines are killing about 440,000 birds per year. Since then, the wind industry has been riding a rapid growth spurt.

But that growth has slowed dramatically due to a tsunami of cheap natural gas and hefty taxpayer subsidies. Even worse: that cheap gas looks like it will last for many years, and Congress has, so far, been unwilling to extend the 2.2 cents per kilowatt-hour subsidy for wind operators that expires at the end of this year.

And now, the wind industry is facing yet another big challenge: increasing resistance from environmental groups who are concerned about the effect that unrestrained construction of wind turbines is having on birds and bats. Ninety environmental groups, led by the American Bird Conservancy, have signed onto the “bird-smart wind petition” which has been submitted to the Fish and Wildlife Service.

It’s about time. Over the past two decades, the federal government has prosecuted hundreds of cases against oil and gas producers and electricity producers for violating some of America’s oldest wildlife-protection laws: the Migratory Bird Treaty Act and Eagle Protection Act. But the Obama administration — like the Bush administration before it — has never prosecuted the wind industry despite myriad examples of widespread, unpermitted bird kills by turbines. A violation of either law can result in a fine of $250,000 and/or imprisonment for two years.

But amidst all the hoopla about “clean energy” the wind industry is being allowed to continue its illegal slaughter of some of America’s most precious wildlife. Even more perverse: taxpayers are subsidizing that slaughter.

Last June, Louis Sahagun, a reporter with the Los Angeles Times, reported that about 70 golden eagles per year are being killed by the wind turbines at Altamont Pass, located about 20 miles east of Oakland. A 2008 study funded by the Alameda County Community Development Agency estimated that about 2,400 raptors, including burrowing owls, American kestrels, and red-tailed hawks — as well as about 7,500 other birds, nearly all of which are protected under the Migratory Bird Treat Act — are being killed every year by the turbines at Altamont.

A pernicious double standard is at work here and it riles Eric Glitzenstein, a Washington, D.C.-based lawyer who wrote the petition to the Fish and Wildlife Service for the American Bird Conservancy. He told me, “It’s absolutely clear that there’s been a mandate from the top” echelons of the federal government not to prosecute the wind industry for violating wildlife laws.

Glitzenstein comes to this issue from the left. Before forming his own law firm, he worked for Public Citizen, an organization created by Ralph Nader. But when it comes to wind energy, “Many environmental groups have been claiming that too few people are paying attention to the science of climate change, but some of those same groups are ignoring the science that shows wind energy’s negative impacts on bird and bat populations.”

That willful ignorance may be ending. The Center for Biological Diversity, Sierra Club, and Defenders of Wildlife recently filed a lawsuit against officials in Kern County, California, in an effort to block the construction of two proposed wind projects — North Sky River and Jawbone — due to concerns about their impact on local bird populations. The groups oppose the projects because of their proximity to the deadly Pine Tree facility, which the Fish and Wildlife Service believes is killing 1,595 birds, or about 12 birds per megawatt of installed capacity, per year.

The only time a public entity has pressured the wind industry for killing birds occurred in 2010, when California brokered a $2.5 million settlement with NextEra Energy Resources for bird kills at Altamont. The lawyer on that case: former attorney general and current Gov. Jerry Brown, who’s now pushing the Golden State to get 33 percent of its electricity from renewables by 2020.

Despite the toll that wind turbines are taking on wildlife, the wind industry wants to keep its get-out-of-jail-free card. Last May, the Fish and Wildlife Service proposed new guidelines for wind turbine installations. But the American Wind Energy Association quickly panned the proposed rules as “unworkable.”

Billions of dollars are at stake. And the wind industry is eager to downplay the problem of bird and bat kills. But the issue, which clearly has the Obama administration in a tight spot, is not going away. The Sierra Club now favors mandatory rules for wind turbine siting.

And while wildlife protection is essential, the broader issue of equitable treatment under the law may be more important. For years, says Glitzenstein, the Interior Department has been telling the wind industry: “‘No matter what you do, you need not worry about being prosecuted.’ To me, that’s appalling public policy.”

Disclosure: Robert Bryce is a senior fellow at the Manhattan Institute, which over the past ten years, has obtained about 2.5 percent of its budget from the hydrocarbon sector.

COUNTY WIND POWER DEBATE ENTERING FIFTH YEAR

Editorial staff

Via Hudson Star-Observer, www.hudsonstarobserver.com

January 4, 2012 

A legal, and neighbor-against-neighbor, battle in northeastern St. Croix County continues as the pros and cons of wind-generated power are debated. The issue has already been brewing for four years and it may not be settled anytime soon as we enter the fifth year of the controversy.

Talk to anyone and they will, in general terms, talk about wind power as a good, efficient and cheap energy source for the times — that’s the easy part.

But then, try finding a location to construct wind generators and suddenly you’ve got yourself a first-class controversy, complete with arguments among neighbors, recalls and lawsuits.

Such is the case in St. Croix County in the town of Forest.

As the debate continues, we are starting to see new terms in the discussions of wind energy. Terms such as “shadow flicker” and “turbine noise levels” are things that no one thought much about in the past.

The latest developments in the Forest project find that the company attempting to build the turbines, Highland Wind Farm LCC, increased the size of the project from 97 to 102.5 megawatts. The Highland Wind Farm project has been a controversy in the town of Forest since the town board approved a wind development agreement with the wind farm developer, Emerging Energies of Wisconsin, in 2008.

In 2010 the town board was recalled and replaced by turbine opponents. They had made things difficult for the proposal with various town regulations and citizen lawsuits. The 102.5 megawatt proposal is significant because it makes the plan subject to state approval instead of town approval. The cutoff is 100 megawatts.

A bit of history finds that the original project in Forest called for 39 wind towers. Each tower stands about 500 feet tall. Many landowners in the town had signed leases with the wind firm, but were prohibited from discussing the project. When the rest of the town’s residents got “wind” of the deals, the uprising began. Battles erupted over setbacks, noise, quality of life, health, property value, safety, “shadow flicker” and more.

With the latest proposal now involving the state, the clock began ticking last week on state regulators to review the application to construct the larger 102.5 mega-watt wind energy farm in the towns of Forest and Cylon. By statute, the Wisconsin Public Service Commission has 30 days to determine if the application submitted by Highland Wind Farm LCC is complete, and if so, then six months to approve or deny it. If necessary, a circuit court can grant the PSC a six-month extension. The town’s role in the decision is now uncertain.

The bottom line is, when wind towers begin popping up in either populated areas, or rural countryside, there is likely to be plenty of opposition. A group of wind towers doesn’t do much for the scenic value of any topography.

Despite all the virtues of wind power, developing a power source to a degree where it would have a significant impact could be difficult when facing “not in my backyard” neighborhoods.

NOTE FROM THE BPWI RESEARCH NERD: The people in the video below live in the last wind project to be developed by this wind company. That project has just 8 turbines but they've made life hell for several families, at least two of whom have abandoned their homes because of noise and vibration from the wind turbines.

Click on the image below to meet some of them and hear their story

Video courtesy of The Forest Voice-- visit their website by clicking HERE

"At least eight families living in the Shirley Wind Project in the Town of Glenmore just south of Green Bay, are reporting health problems and quality of life issues since the Shirley Wind project went online in December of 2010. Six families have come forward, five of them testify on the video, and at this time two of them have vacated their homes. STAND UP to protect people, livestock, pets, and wildlife against negligent and irresponsible placement of industrial wind turbines."

FEDS PROPOSE ALLOWING WIND-FARM DEVELOPER TO KILL GOLDEN EAGLES

By James Eng,

Via msnbc.msn.com

January 4, 2012 

“As a former USFS employee, I am appalled that the Forest Service would approve the wholesale damage to critical black bear habitat in order to squeeze out a few kilowatt hours of electricity,” says Wright, in a press statement. “This is a serious error in judgment by the Obama administration for little or no effective climate change result.”

The legislation, enacted in 1940, prohibits anyone from killing or disturbing any bald or golden eagles without a permit from the Interior Department.

Regulations adopted in 2009 enabled the agency to authorize, for the first time, the “take” of eagles for activities that are otherwise lawful but that result in either disturbance or death. In this case “taking” would be the killing of eagles hit by the wind turbines’ huge blades.

The federal government is proposing to grant a first-of-its-kind permit that would allow the developer of a central Oregon wind-power project to legally kill golden eagles, a regulatory move being closely watched by conservationists.

The Interior Department’s Fish and Wildlife Service on Tuesday released a draft environmental assessment that would allow West Butte Wind Power LLC to kill as many as three protected golden eagles over five years if the company fulfills its conservation commitments.

It’s the first eagle “take permit” application to be received and acted on by U.S. Fish and Wildlife under the Bald and Golden Eagle Protection Act. (“Take” means to kill, harass or disturb the birds, their nests or their eggs.) [Ed. Read the application here]

The legislation, enacted in 1940, prohibits anyone from killing or disturbing any bald or golden eagles without a permit from the Interior Department.

Regulations adopted in 2009 enabled the agency to authorize, for the first time, the “take” of eagles for activities that are otherwise lawful but that result in either disturbance or death. In this case “taking” would be the killing of eagles hit by the wind turbines’ huge blades.

Public comments on the draft environmental assessment of the Wind Butte project will be accepted until Feb. 2.

The permit, if ultimately issued, stipulates that there must be no net loss to breeding populations of golden eagles from the wind farm project. That means for every protected bird permitted killed, developers must contribute to conservation efforts for breeding them.

“Our goal is to maintain stable or increasing populations of eagles protected under the Bald and Golden Eagle Protection Act,” said Chris McKay, assistant regional director for Migratory Birds and State Programs in the Fish and Wildlife Service’s Pacific Region.

“Regulations under the Act allow us to issue permits for activities that are likely to take eagles provided the activity is otherwise lawful and the taking is not the purpose of that activity, the take is unavoidable even though advanced conservation practices are being implemented, and the take is compatible with eagle preservation,” McKay said in a press release.

California-based West Butte Wind Power LLC is proposing to build a 104-megawatt wind energy generation facility on ranchland in Oregon’s Deschutes and Crook counties, consisting of up to 52 wind turbines. Electricity generated by the project could power as many as 50,000 homes.

Conservation groups expressed cautious optimism at the government’s proposal to award the eagle take permit.

“This is a type of project where it’s appropriate for them to issue this kind of permit,” said Liz Nysson, energy policy coordinator with the Oregon Natural Desert Association She noted that only a small number of golden eagles are believed to be in and around the area where the wind turbines will be built.

“I say ‘cautious optimism’ because we fear that the agency is going to go forward and start issuing these permits … for a multitude of golden eagles every year, and that would be a bad use of the policy,” Nysson said.

It’s not mandatory for wind-power projects to apply for the eagle “take” permits.

Kelly Fuller, wind campaign coordinator for the American Bird Conservancy, praised West Butte for being the first company to apply for one. She described the latest development as “precedent-setting,” according to the Governors’ Wind Energy Coalition, a bipartisan group of the nation’s governors dedicated to expanding the development of wind energy.

Fuller said the eagle permit process gives conservationists more opportunity to participate in the development process.

She said the conservancy group will ask Fish and Wildlife to extend its public comment period an additional 30 days beyond the Feb. 2 deadline, according to the Wind Energy Coalition.

MORE ON THIS SUBJECT:

LOWELL WIND OPPONENTS DECRY USDA FOREST SERVICE APPROVAL OF DEERFIELD WIND PROJECT

by Ken Picard,

Via Seven Days, 7d.blogs.com 

January 3, 2012 

Just three days into 2012, Vermont’s critics of industrial wind power already have a new ridgeline in the sand to fight about: The USDA Forest Service just granted final approval to Iberdrola, Inc. to build more than a dozen, 393-foot wind turbines on two ridgelines in the Green Mountain National Forest in southern Vermont.

The project, known as Deerfield Wind, located near the towns of Readsboro and Searsburg, gained federal approval for 15 of the 17 turbines that were OK’ed two years ago by the Vermont Public Service Board. The PSB approval came despite objections from the Vermont Agency of Natural Resources and others that the project would damage critical bear habitat. The new ridgeline development will be located not far from the existing Searsburg Wind Power Facility, Vermont’s first industrial wind project, which went online in July 1997.

According to Iberdrola, Deerfield Wind is expected to generate enough power to light 14,000 Vermont homes, or roughly three-quarters of the households in Windham County. In September 2010, Central Vermont Public Service announced a long-term, fixed-rate power purchase agreement with Iberdrola Renewables to buy 20 of the 30 megawatts generated by the Deerfield project for its Vermont customers. According to the Iberdrola website, it’s now looking to secure other Vermont-based purchasers of the Deerfield electricity so all the power is consumed locally.

If Vermont’s industrial wind opponents thought they were in a David-and-Goliath fight with Green Mountain Power — now in the process of merging with CVPS — their latest nemesis is exponentially larger. Portland, Ore.-based Iberdrola is the second largest wind developer in the United States, with more than 40 utility-grade energy projects nationwide, including wind, solar, biomass and gas-fired generators, as this map reveals. Iberdrola Renewables is the U.S. division of its Spanish parent, Iberdrola, S.A. Iberdrola S.A.’s website claims it has the largest renewable asset base of any company in the world, which includes 11,400 MG of renewable energy globally. ¡Muy enorme!

A familiar cast of local enviros have sounded alarm bells about this latest regulatory action. To wit: Vermonters for a Clean Environment (VCE) put out a press release this afternoon condemning the decision — even before the USDA Forest Service had a chance to announce it.

Steve Wright of Craftsbury is the former Forest Service employee and Vermont Fish and Wildlife commissioner who’s led the fight against th Kingdom Community Wind Project in the Lowell mountains.

“As a former USFS employee, I am appalled that the Forest Service would approve the wholesale damage to critical black bear habitat in order to squeeze out a few kilowatt hours of electricity,” says Wright, in a press statement. “This is a serious error in judgment by the Obama administration for little or no effective climate change result.”

As Wright points out, the ridgeline turbines would be located less than two miles from the George D. Aiken Wilderness, a fact that he and other opponents say was initially downplayed by both wind developers and the Forest Service. They claim that maps used at the public meeting for the project as recently as several months ago did not identify the nearby wilderness area.

“The decision is based on a process plagued with conflict of interest,” alleges VCE executive director Annette Smith. “Experts were working for Iberdrola, the developer on a wind project in New Hampshire, at the same time they prepared the supposedly independent analysis for the Forest Service.”

Smith claims the final EIS also violates the management plan for the George D. Aiken Wilderness, noting that the turbines would be visible from more than half the wilderness, “completely eviscerating” its whole purpose.

Justin Lindholm, a Mendon resident who serves on the Vermont Fish and Wildlife Board and is a frequent visitor to the Aiken Wilderness, says that politicians “want to turn the Aiken Wilderness into nothing more than a tree park.”

Added Smith, “This is a bad project based on bad information leading to a bad decision.”

Spokespeople for Iberdrola Renewables and the USDA Forest Service did not return calls as of press time.

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You may download a copy of the DEA on the Internet at http://www.fws.gov/pacific/migratorybirds/nepa.html. Alternatively, you may use one of the methods below to request hard copies or a CD-ROM of the documents. Please specify the “DEA for the West Butte Wind Project” on all correspondence.Show citation box

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For more information contact Michael Green, Acting Chief, Division of Migratory Birds and Habitat Programs, U.S. Fish and Wildlife Service, (503) 231-2019 (phone); pacific_birds@fws.gov (email, include “DEA for the West Butte Wind Project” in the subject line of the message). If you use a telecommunications device for the deaf (TDD), please call the Federal Information Relay Service (FIRS) at (800) 877-8339.

Next Feature

From Vermont

PRECEDENT-SETTING WIND PROJECT WILL LIKELY BE APPEALED

by Susan Keese,

via Vermont Public Radio, www.vpr.net

January 4, 2012

(Host) A 15-turbine wind project just approved by the Green Mountain National Forest could set a precedent as the nation’s first commercial wind farm on national forest land.

But opponents say the Deerfield Wind project will be appealed.

VPR’s Susan Keese has more.

(Keese) Deerfield Wind is a subsidiary of Iberdrola Renewables, a Spanish company that’s one of the largest wind developers in this country.

The development covers 80 acres of National Forest in Readsboro and Searsburg. It was one of 14 renewable power projects fast-tracked this summer by the Obama administration.

The proposal has been under scrutiny for years. The state Public Service Board approved it, with conditions, in 2009.

Green Mountain National Forest spokesman Ethan Ready says the Forest Service’s decision was scheduled for the end of December, even without the president’s help.

(Ready) “With projects of this magnitude we have to go through the National Environmental Policy Act, which requires us to do in-depth policy analysis and… a lot of scientific work. So we’re really proud of the work we’ve done… and we think that it’s been an extensive and thorough process which has involved the public.”

(Keese) Ready says the forest received more than a thousand comments. They’re addressed in the 400 page environmental impact statement and 70-page decision.

At 410 feet tall, the new turbines would be twice the height of towers at an existing adjacent wind farm, and will require aircraft safety lighting.

That’s a major concern for the group Vermonters for a Clean Environment. Annette Smith directs the group. She says the lights will be visible from the 5,000 acre George D. Aiken Wilderness, a few miles away.

(Smith) “More than half the area inside the wilderness you will be able to see the wind turbines from, with their blinking lights… and this is totally contrary to everything that the wilderness plan calls for.”

(Keese) The project has also drawn concern from biologists and wildlife advocates, who worry about the removal of beech groves used by black bears as a food source.

The permits require the developer to set aside 144 acres of comparable bear habitat and to continue extensive bear, bat and bird impact surveys once the turbines are running.

The Forest Service says the public will have 45 days to appeal the decision, after legal notices are published.

Annette Smith says her group will appeal, and she expects others to do the same.

For VPR News, I’m Susan Keese in Manchester.

NEXT FEATURE

From West Virginia

TURBINE NOISE MARS QUALITY OF LIFE

Letter from Gary Braithwaite

Via Mineral Daily Dews-Tribune, www.newstribune.info

January 4, 2012

I can verify there is noise from the windmills, and it has ruined my way of life in my home, out in the yard and even in the garage with the radio playing. I name all three areas because the noise of the windmills can be heard anywhere on my property.

I have lived in the Cross area of Mineral County my entire life and have done so because of the peace and quiet of the small community. However, over the past months, things have changed, and the reason is the windmills on the mountain across from my home.

The windmills cause an extremely loud disturbance to the point that lying down at night to have a good night’s sleep is impossible. I recently attended a county commission meeting, to see what the commissioners could do to help the Cross residents with the noise from the windmills. The three commissioners showed no interest in helping with this problem. One in particular spoke to a relative and said, “You wanted the windmills, now live with them.”

I personally did not want the windmills in the county. Prior to the approval of the windmill project and the construction, I do not remember hearing anything or reading newspaper reports concerning how much noise would be produced by the windmills. I can verify there is noise from the windmills, and it has ruined my way of life in my home, out in the yard and even in the garage with the radio playing. I name all three areas because the noise of the windmills can be heard anywhere on my property. For those living near railroad tracks, I agree there is a time to become adjusted to the noise of passing trains. The sound from the windmills is like having a train come through the middle of my house for seven or eight hours straight.

On another comparison subject, the smell emitted by what was called the West Virginia Pulp and Paper Company was one to be tolerated. Those living in Luke, Westernport and Piedmont did tolerate the smell because the paper factory that created the unpleasant odor was the company that sent paychecks to many homes in the Tri Towns. That odor put the food on their plates and a roof over their heads.

Edison Mission, the owners of the Pinnacle Wind Farm, has nothing to do with whether my family eats or has suitable housing, so there is no reason for me to tolerate the noise from the windmills.

Dave Friend and Jim Cookman, top people with US WindForce, the developers of the wind farm, visited in this area to gain support for the windmills. They have been contacted about the noise factor and their response is that it is now a problem for Edison Mission. If that is the case, why do they continue to be the spokespeople for windmills at advisory meetings?

Then on the subject of windmills creating a green environment for the area, the comment I have about that is the only thing green the developers and owners are interested in the kind they fold and put in their pockets.

I was told by Edison Mission that they knew the Mitsubishi wind turbines were a lot louder than the ones that are normally used. In addition, surely there were noise studies conducted prior to the plans to build the windmills on Pinnacle, but the company installed them anyway. Everyone talks of how quiet other wind farms are, but that is only if a person stands directly beneath them, where there is little noise. Further away from the windmills, there is noise as we can hear in Cross.

I feel like the county commissioners should not have allowed US WindForce to place these noisy wind turbines so near to private homes. They and the Public Service Commission have ruined the lives of those residing near the Pinnacle Wind Farm. I was told the windmills would shut down during the night until a way was found to correct the noise. This has not happened.

How does the wind farm think they are protecting the environment by clear-cutting over 2 miles of timber to erect 23 noisy windmills? I understand additional wind farms could be built in Mineral County Those that may live near them are in for a real treat, that is if they want to get a good night’s sleep. Better yet, get all the sleep you can now, because you will not be able to if any future windmills are built close to your house. With a situation like this, causing disruption and unsettling problems with quality of life, something must be done.

One more thing, I have lived with the deposit of sludge from NewPage in the ground near my home, and this has been ongoing for 30 years. The sludge is at least 100 feet deep over many acres, with the possibility of ruining the water supply.

Gary Braithwaite
Cross

VIA Energize Vermont

Vermont's Energy Options >> Utility Scale vs. Community Solutions from Energize Vermont on Vimeo.

Vermont’s Energy Options is a documentary work-in-progress being produced by non-profit Energize Vermont. The purpose of the documentary is to examine the different paths Vermont has to a renewable energy future and create a dialogue around their respective impacts and benefits. The final product is intended to be full length 40-60 minute film, and may be adapted as the state’s energy landscape changes. Before the final product is released, we plan to update this space with extended interviews and additional information. The documentary is completely funded by Energize Vermont, which is funded by its members.

Video below from Scotland: Do you call this green? Forest gone, clearcut logs piled to the side, mud roads: what to expect when you are expecting turbines.

Want to watch more? What people living near turbines have to say about it.

Another video:

Click here to view video interviews of Australian wind project residents

Next feature

LEADING BIRD CONSERVATION GROUP FORMALLY PETITIONS FEDS TO REGULATE WIND INDUSTRY

Via American Bird Conservancy

ABC is filing this petition because it’s clear that the voluntary guidelines the government has drafted will neither protect birds nor give the wind industry the regulatory certainty it has been asking for.

(Washington, D.C., December 14, 2011) American Bird Conservancy (ABC), the nation’s leading bird conservation organization, today formally petitioned the U.S. Department of the Interior to protect millions of birds from the negative impacts of wind energy by developing regulations that will safeguard wildlife and reward responsible wind energy development.

The nearly 100-page petition for rulemaking, prepared by ABC and the Washington, D.C.-based public interest law firm of Meyer, Glitzenstein & Crystal (MGC), urges the U.S. Fish and Wildlife Service (FWS) to  issue regulations establishing a mandatory permitting system for the operation of wind energy projects and mitigation of their impacts on migratory birds. The proposal would provide industry with legal certainty that wind developers in compliance with a permit would not be subject to criminal or civil penalties for violation of the Migratory Bird Treaty Act (MBTA). 

The government estimates that a minimum of 440,000 birds are currently killed each year by collisions with wind turbines. In the absence of clear, legally enforceable regulations, the massive expansion of wind power in the United States will likely result in the deaths of more than one million birds each year by 2020. Further, wind energy projects are also expected to adversely impact almost 20,000 square miles of terrestrial habitat, and another 4,000 square miles of marine habitat.

The petition highlights the particular threat from unregulated wind power to species of conservation concern and demonstrates the legal authority that FWS possesses to enforce MBTA regulations and grant take permits under the Migratory Bird Treaty Act. The petition also provides specific regulatory language that would accomplish the petition’s objectives, identifying the factors that would be considered in evaluating a permit for approval, including the extent to which a given project will result in adverse impacts to birds of conservation concern and species that are under consideration for listing under the Endangered Species Act. 

ABC is filing this petition because it’s clear that the voluntary guidelines the government has drafted will neither protect birds nor give the wind industry the regulatory certainty it has been asking for. We’ve had voluntary guidelines since 2003, and yet preventable bird deaths at wind farms keep occurring. This includes thousands of Golden Eagles that have died at Altamont Pass in California and multiple mass mortality events that have occurred recently in West Virginia,” said Kelly Fuller, Wind Campaign Coordinator for ABC.

“The status quo is legally as well as environmentally unsustainable.  The federal government is seeking to promote "a smart from the start” energy sector in a manner that is in violation of one of the premier federal wildlife protection statutes. ABC’s petition seeks to bring wind power into harmony with the law as well as with the needs of the migratory bird species that the law is designed to safeguard,” said Shruti Suresh, an attorney at MGC, the law firm that prepared the petition with ABC and that has brought many legal actions enforcing federal wildlife protection laws.

The petition is available online here.

ABC supports wind power when it is “bird-smart”. A coalition of more than 60 groups has called for mandatory standards and bird-smart principles in the siting and operation of wind farms. The coalition represents a broad cross-section of respected national and local groups. In addition, 20,000 scientists, ornithologists, conservationists, and other concerned citizens have shown their support for mandatory standards for the wind industry. 

"ABC’s petition would safeguard more than just birds covered by the Migratory Bird Treaty Act. It proposes a model rule that would allow the government to consider impacts of wind farms on all bird species, as well as bats and other wildlife,” said Fuller.

THIRD FEATURE:

Mount Pleasant approves SC Johnson wind turbines

By Kimber Solana

Via Journaltimes.com

December 12, 2011

MOUNT PLEASANT - Amid some opposition from neighbors, SC Johnson is set to build two of the largest wind turbines in Racine County at its Waxdale manufacturing facility, a project expected to supply about 15 percent of the facility's electricity usage.

In a 6-1 vote, the Village Board approved the conditional use petition on Monday to erect the turbines at the facility, 8311 16th St. Trustee Harry Manning dissented, expressing concerns over the size - about 415 feet tall - of the energy facilities.

"The noise is going to be there. There is going to be flickering. You read anywhere, they've had nothing but problems," said Mount Pleasant resident Gail Johnson, 62. Johnson said her home is located on Willow Road, right across from where the turbines are expected to be built.

However, village officials said SCJ has gone "above and beyond" to address concerns by neighbors. Conditions set by the village include ensuring the wind turbines minimize noise decibel levels and shadow flickering.

Any noise would be no louder than traffic heard on Highway 20 or Highway 11, said Christopher Beard, reputation management director at SCJ.

The company has also offered to put in additional landscaping, if needed, such as trees that may block views of the turbines from residences, he added.

In addition, after meetings between the company and some residents, including those who opposed the project, SCJ has reduced the number of turbines from five to two.

Racine-based SCJ has said the wind turbines are the latest in a series of investments at Waxdale that will enable the site to produce 100 percent of its electrical energy on-site, with about 60 percent from renewable sources.

According to Beard, a groundbreaking date for the project remains unknown. SCJ is awaiting approval for the project from the Federal Aviation Administration due to the turbines' height, and proximity to Sylvania and Batten International airports.

The cost of the project was not available Monday, but returns in electrical savings would take years to recoup.

"But we wouldn't propose this project unless we believed it was a good long-term investment," he said, adding customers concerned over environmentally-friendly products now research how products are made.

Waxdale, the size of 36 football fields, is SCJ's largest manufacturing plant globally and where it makes products such as Glad, Pledge, Raid and Windex.

NEXT FEATURE

MANY DELAYS DRAG WIND CASE INTO 2012

VIA republicaneagle. com

By Regan Carstensen

January 1, 2011

From Minnesota

When the battle over wind development in Goodhue County was the Republican Eagle’s top story at the end of 2010, it was expected that some aspects would stretch into 2011. But it wasn’t quite as expected that the fight would be continuing when 2012 came around.

Just about every bit of controversy possible has been swirling around a 78-megawatt large wind energy conversion system that is planned for Goodhue County by wind developer AWA Goodhue Wind.

Ranging all the way from citizens and the developer disagreeing about eagle activity in the project footprint to lawsuits being filed by project participants, disputes have been abundant.

The AWA Goodhue project has taken several months longer than most wind farms to get to its current stage, which still hasn’t included any construction. A variety of factors contributed to extending the project’s original timeline.

Getting approval

The Minnesota Public Utilities Commission had been taking its time ever since the end of 2010 to decide whether to approve the project that would be laid out near Goodhue and Zumbrota.

Ultimately, the PUC holds the authority to permit or deny wind farms in the state, but the commission decided to take into consideration a zoning ordinance created by Goodhue County officials in October 2010.

In order to determine the validity of the ordinance, the PUC asked an administrative law judge to review it, which caused the application to drag into April 2011.

It wasn’t until June 30 at a daylong hearing in St. Paul that the PUC approved the project. However, a state government shutdown stalled progress yet again and kept AWA Goodhue Wind from getting its permit.

Putting up a fight

Citizens developed two different groups — Goodhue Wind Truth and the Coalition for Sensible Siting — to fight the planned project, and a couple of government entities joined in.

With the Coalition for Sensible Siting, Goodhue Wind Truth, Belle Creek Township and Goodhue County all interested in filing for reconsiderations with the PUC, the case slowly inched forward as a second hearing was scheduled for November 2011 in St. Paul.

In what was probably the quickest decision made so far regarding the AWA Goodhue wind farm: It only took commissioners a matter of minutes to decide that the project should move forward as originally approved.

Still, reconsideration wasn’t the end of the road. Each group, except for Goodhue County, decided to appeal.

The Goodhue County Board was primarily opposed to the idea since it was likely to cost at least $10,000 to follow through with an appeal. A 3-2 majority made it official: The county’s fight was over.

“Wind turbines are coming to Goodhue County,” Commissioner Jim Bryant said after voting against an appeal. “I don’t think anything we do today is going to stop that.”

Looking out for eagles

Over the past year, citizens have shown a variety of concerns with wind turbines, including stray voltage, shadow flicker and noise pollution.

Perhaps the most talked about, however, has been the concern over the safety of the avian population — whether local or migratory birds — and their chances of getting struck by the blades of a turbine.

On several occasions, area residents invited representatives from the Minnesota Department of Natural Resources and U.S. Fish and Wildlife Service to view the environment within AWA Goodhue’s project footprint.

“It’s nice to try to use alternative energy, but we are right on the Mississippi Flyway,” Jaime Edwards of the DNR said. “You really have to look hard at whether something like this should be placed on a flyway.”

Moving forward

Belle Creek Township made its official decision Nov. 28 to appeal the PUC’s initial decision to approve a site permit. Not long after, however, AWA Goodhue began a lawsuit claiming that a moratorium put in place by the township is interfering with the developer’s rights.

As the new year begins, having lawsuits and appeals up in the air continues to delay progress of the project. Though AWA Goodhue officials would like to start construction in 2012, only time will tell what gets accomplished during the next year.

A timeline

December 2010

The Minnesota Public Utilities Commission debates whether to approve the 78-megawatt project proposed by AWA Goodhue Wind for Goodhue County.

The PUC decides to ask administrative law Judge Kathleen Sheehy whether parts of Goodhue County’s zoning ordinance should be applied to the project.

April 2011

Administrative law Judge Kathleen Sheehy submits facts and findings that recommend the Public Utilities Commission not apply the Goodhue County’s ordinance to the AWA Goodhue Wind project.

May 2011

Goodhue County Attorney Stephen Betcher files a response that provides an exception to nearly half of the administrative law judge’s findings.

June 30, 2011

At a hearing in St. Paul, the Public Utilities Commission votes 4-1 to approve an amended site permit and a certificate of need for the AWA Goodhue Wind project.

August 2011

After several weeks of a government shutdown — preventing AWA Goodhue Wind from moving forward with its wind project — the developer receives its official site permit.

Sept. 6, 2011

Goodhue County commissioners vote 4-1 to allow Goodhue County Attorney Stephen Betcher to file for reconsideration with the Public Utilities Commission, asking it to take a second look at its permit approval.

Belle Creek Township and citizen groups Goodhue Wind Truth and Coalition for Sensible Siting also decide to file reconsiderations.

Sept. 20, 2011

Without getting a response from the Public Utilities Commission regarding reconsideration, the Goodhue County Board reluctantly votes 3-2 to submit an appeal to the PUC’s decision.

The county is told the appeal period expires Sept. 22. If it opts not to appeal, Goodhue County’s battle against the wind project would end if the PUC decides not to reconsider its original approval of a site permit.

November 2011

Goodhue County, Belle Creek Township, Coalition for Sensible Siting and Goodhue Wind Truth are told there was a misunderstanding with filing deadlines for appeals, and their appeals are dismissed.

They are allowed to wait for the Public Utilities Commission’s ruling on reconsideration and can then re-submit their original appeal without additional fees.

Nov. 10, 2011

The Public Utilities Commission votes 4-1 not to reconsider its approval of a permit for AWA Goodhue Wind.

Nov. 15, 2011

With misunderstandings and deadlines cleared up, Goodhue County Attorney Stephen Betcher asks the commissioners once more whether he should appeal the Public Utilities Commission’s decision not to reconsider approval of a permit for the wind project.

The County Board votes 2-2 to file with appeal, but without a majority the motion fails and Betcher is not directed to appeal.

Nov. 28, 2011

The Belle Creek Town Board votes 2-0 to file for appeal in the wind case.

Angry citizens in Goodhue County District 2 — potential home to much of the wind farm — announce a petition to recall Commissioner Richard Samuelson. Since they want to file for appeal in the wind case and Samuelson is opposed to an appeal, they feel he is not representing them.

Samuelson was absent from the Goodhue County Board meeting Nov. 15, but told those at the Belle Creek Town Board meeting he would have voted not to appeal had he been present.

Dec. 1, 2011

Commissioner Richard Samuelson requests an opportunity for the Nov. 15 appeal vote to be re-taken so his opinion can be officially reflected as part of the vote.

Just as he said he would at the Belle Creek Town Board meeting, Samuelson votes no to an appeal, contributing to the 3-2 failure of the motion to appeal.

Dec. 15, 2011

Belle Creek Town Board Chair Chad Ryan is served papers informing him that AWA Goodhue Wind is suing Belle Creek Township because a moratorium put in place by the township is interfering with the wind developer’s rights under the site permit it received from the Public Utilities Commission.

THE MYSTERIOUS LINK BETWEEN BATS AND WIND TURBINES

Source: Minneapolis Star Tribune

November 2, 2011

By Josephine Marcotty

For years researchers have been puzzled by the number of bats killed by wind turbines. Birds, yes. But bats, in theory, should be able to avoid the towers because of their innate sonar systems that orient them in space. Nonetheless, they die in the thousands, in far greater numbers than birds. Some research found that they died because the enormous changes in pressure as the blades sweep through the air ruptured their delicate ear drums, causing a hemorrhage known as barotrauma. Now, a new study based on bat autopsies from the University of  Wisconsin found that the problem is far more complicated.

X-ray of a bat killed by a wind turbine at a southeastern Wisconsin wind energy facility during fall 2009.  Note the compound fracture of the right arm and the dislocation of the right shoulder joint

The scientists found 41 dead bats over three months beneath 29 turbines in Wisconsin. They conducted autopsies, including X-rays, on the animals to determine precisely why they died.

"Half the bats had trauma to the inner ear -- their ear drums blew out," said David Drake, one of the researchers on the study published this week in the journal of Mammology. And three fourths had broken bones, primarily wings, he said.

Why does it matter? Because knowing why they die might help in designing towers and blades that are not quite so lethal, he said. For example, changing the  shape of a blade could reduce the pressure gradient enough to prevent trauma to their ear canals, he said. Maybe changing the height of the tower would help avoid fatal collisions.

But the science is in its infancy, Drake said. in addition, not much is known about bats, much less about how they behave around wind towers or why they get close to them at all.

In the Midwest, migrating tree roosting bats are the ones that are killed most often. Drake said one theory is that they look for the tallest thing on the landscape -- often a wind turbine -- in which to roost and mate.  There are also studies that correlate bat deaths with low wind, perhaps because that's the best time for bats to feed. "They are so focused on feeding that they don’t pay attention to the blades until it's too late, Drake said. Even so, the bats need 20 meters to sense to a moving object. But the blades of a turbine move so fast they have only a quarter second to move out of the way. 

Drake said no one has a good estimate of how many bats are killed by wind turbines. But now it matters more than ever because bats are being decimated by a disease called white nose syndrome that destroys whole colonies. The disease is common in east, and is steadily moving west. So the total impact on bats is worrisome.

"With white nose syndrome  coming, all bets are off," he said. "When they are suffering 100 percent mortality from white nose, then added mortality from wind farms, it's hard to tell."

NEXT STORY :

GROUP REPORTS BIRD KILLS AT WEST VIRGINA WIND FARMS

Source: augustafreepress.com

October 31, 2011

With the deaths of nearly 500 birds at the Laurel Mountain wind facility earlier this month, three of the four wind farms operating in West Virginia have now experienced large bird fatality events, according to American Bird Conservancy (ABC), the nation’s leading bird conservation organization.

“Wind energy has the potential to be a green energy source, but the industry still needs to embrace simple, bird-smart principles that would dramatically reduce incidents across the country, such as those that have occurred in West Virginia,” said Kelly Fuller, ABC’s wind campaign coordinator.

There were three critical circumstances that tragically aligned in each of the three West Virginia events to kill these birds. Each occurred during bird migration season, during low visibility weather conditions, and with the addition of a deadly triggering element – an artificial light source. Steady-burning lights have been shown to attract and disorient birds, particularly night-migrating songbirds that navigate by starlight, and especially during nights where visibility is low such as in fog or inclement weather. Circling birds collide with structures or each other, or drop to the ground from exhaustion.

At the Laurel Mountain facility in the Allegheny Mountains, almost 500 birds were reportedly killed after lights were left on at an electrical substation associated with the wind project. The deaths are said to have occurred not from collisions with the wind turbines themselves, but from a combination of collisions with the substation and apparent exhaustion as birds caught in the light’s glare circled in mass confusion.

On the evening of Sept. 24 this year at the Mount Storm facility in the Allegheny Mountains, 59 birds and two bats were killed. Thirty of the dead birds were found near a single wind turbine that was reported to have had internal lighting left on overnight. This incident stands in stark contrast to industry assertions that just two birds per year are killed on average by each turbine. Data from Altamont Pass, California wind farms – the most studied in the nation – suggest that over 2,000 Golden Eagles alone have been killed there.

On May 23, 2003 at the Mountaineer wind farm in the Allegheny Mountains, at least 33 birds were killed. Some of the deaths were attributed to collisions with wind turbines and some to collisions with a substation.

“The good news is that it shouldn’t be hard to make changes that will keep these sorts of unnecessary deaths from happening again, but it’s disturbing that they happened at all. It has long been known that many birds navigate by the stars at night, that they normally fly lower during bad weather conditions, and that artificial light can draw them off course and lead to fatal collision events. That’s why minimizing outdoor lighting at wind facilities is a well-known operating standard. And yet lights were left on at these sites resulting in these unfortunate deaths. This reinforces the need to have mandatory federal operational standards as opposed to the optional, voluntary guidelines that are currently under discussion,” Fuller said.

A fourth wind farm in West Virginia, the Beech Ridge Wind Energy Project in Greenbrier County, has not experienced large mortality events, likely because it is currently prohibited by a court order from operating during nighttime between April 1 and Nov. 15.

“Some West Virginia conservation groups have suggested that other wind farms in the state should shut down their wind turbines at certain times and seasons to protect birds. Given the recurring bird-kill problems, that idea needs to be seriously considered, at least during migration season on nights where low visibility is predicted. A wind farm in Texas is doing just that, so it is possible.” said Fuller.

NEVER MIND THE PANORAMA - LISTEN TO THE TURBINES' NOISE

Western Morning News, www.thisisnorthdevon.co.uk

October 29, 2011 

Imagine never being able to open your windows at night, no matter how hot the weather…

It’s a problem some North Devon residents now claim they face since the blades of 22 giant wind-turbines at Fullabrook began to turn.

Sue Pike’s bungalow is just 600 metres from one of the 110-metre turbines at the new wind-farm and she says: “It is dreadful – the main sound is like a huge great cement mixer going around – then you get the loud whoosh and also whistles and hums.

“Altogether we have counted four different noises coming from it,” she told the Western Morning News. “Back in the warmer weather when the turbines were being tested we couldn’t open the bedroom or lounge windows – fortunately we are double-glazed so that helps cut out the noise – but we were stewing indoors.”

Retired farmer Brian Pugsley has lived in the Putsford area close to the centre of the wind-farm all his 67 years and he says his thoughts on the development are “unprintable”.

“It’s affected everybody in a large area, but we’re in the middle of it – you’ve got the drone of the motor and also the blade and its whooshing sound.

“I don’t know how loud it was – but it just went on and on and was definitely worst when all 22 were going round,” said Mr Pugsley referring to the recent turbine tests.

“It’s not too bad indoors, but you can’t go in your garden,” he added. “I was born here – and some of the things I want to say now I’ve heard the noise wouldn’t be printable.”

After meetings with local residents ESB, the Irish-based owner of the wind-farm, has commissioned experts to undertake noise monitoring tests at some neighbouring properties.

The measurements recorded will be in addition to the formal tests which ESB must undertake as part of the conditions set out in its planning permission. But the company points out the research can only be undertaken when the wind farm is fully operational.

“ESB will continue to work closely with the local community – particularly our immediate neighbours and North Devon Council – to ensure we not only meet all conditions of the planning permission, but that we are able to discuss local concerns and take what measures we can to address issues,” commented a company spokesman.

Local MP Nick Harvey is so concerned over noise complaints that he recently added a special online survey to his official website.

“This was launched three weeks ago after Nick visited residents up at Putsford who have been complaining about noise problems, vibration, loss of TV reception, flicker etc, now that the farm is almost completely operational,” said Mr Harvey’s press officer, Anthony Tucker-Jones.

He added that North Devon Council’s Environmental Health Department was about to conduct site analysis at five locations in response to residents’ concerns.

The results of Mr Harvey’s online survey will be collated soon, but the site is still getting about two returns a day and his office says the response has been huge.

Local artist Christine Lovelock launched her own website (artistsagainstwindfarms. com) when plans for the development were first mooted: “The scale of this development was always going to be far too large,” she told the WMN. “Now the 22 turbines are all up I would say it’s worse than I ever thought it would be.”

She added: “A lot of local people are very upset by the noise, but a lot of them are afraid to speak out because they are worried that will immediately reduce the value of their properties.”

However, Sue Pike said she and her partner John were only too keen to voice their concerns…

“We reckoned our property had devalued by 20 per cent without the noise – we worked that out when they went ahead with the wind-farm,” she said. “But, with the noise, it’s going to be worse. And no one has ever talked about compensation. We feel we’re under siege.”

Bob Barfoot, chairman of the Campaign for Preservation of Rural England’s North Devon branch, helped fight against the wind-farm and he commented: “At the public inquiry it was very clear from the evidence that the wind-farm would have massive landscape and visual impacts and that turbine noise would be a real problem. The inspector overrode all of these concerns…

“But it was made clear at the public inquiry that the turbines would breach the accepted noise guidelines and now that the turbines are operating the local people are reporting problems, especially at night when it appears that the classic ‘swish and thump’ of ‘amplitude modulation’ is preventing some of them from sleeping with their bedroom windows open.

“The Fullabrook situation should be a lesson to us all,” added Mr Barfoot, who is now preparing to rejoin the fight against a proposed wind-farm at Batsworthy Cross, also in North Devon.

Developers of that scheme recently decided to appeal against a North Devon Council decision earlier this year to refuse permission for the wind-farm, and Mr Barfoot says: “I hope the inspector at the forthcoming public inquiry will dismiss the appeal and save the people in the Batsworthy Cross area from the same sad fate as those living close to the Fullabrook turbines.”

The newly completed Fullabrook wind-farm does find support in some areas… Barnstaple town councillor and Green Party candidate Ricky Knight says he’s been to the site to hear the “so-called” noise and was left mystified.

“I have thought long and hard as to what they (people protesting against the noise) are talking about. I stood in a friend’s garden near the turbines and essentially all we heard was the wind, birds and farm machinery. I was not able to discern any sound coming from the turbines.

“I am in receipt of criticisms (from people who don’t like the wind-farm) but I get far more support from people who simply register confusion about this subject,” added Mr Knight.

All eyes – and ears – will now be on Fullabrook on November 18 when the wind-farm is due to become fully operational.

ESB claims each turbine will have a three megawatt capacity and that collectively the 22 turbines will power 30,000 homes and help keep people warm. Ironically, local residents like Sue Pike and Brian Pugsley could be using some of that power in summer to run air-conditioning units.

NEXT STORY

MASSIVE BIRD KILL AT WEST VIRGINIA WIND FARM HIGHLIGHTS NATIONAL ISSUE

SOURCE American Bird Conservancy, www.abcbirds.org

October 18, 2011

WASHINGTON D.C. --With the deaths of nearly 500 birds at the Laurel Mountain wind facility earlier this month, three of the four wind farms operating in West Virginia have now experienced large bird fatality events, according to American Bird Conservancy (ABC), the nation’s leading bird conservation organization.

“Wind energy has the potential to be a green energy source, but the industry still needs to embrace simple, bird-smart principles that would dramatically reduce incidents across the country, such as those that have occurred in West Virginia,” said Kelly Fuller, ABC’s Wind Campaign Coordinator.

There were three critical circumstances that tragically aligned in each of the three West Virginia events to kill these birds. Each occurred during bird migration season, during low visibility weather conditions, and with the addition of a deadly triggering element – an artificial light source. Steady-burning lights have been shown to attract and disorient birds, particularly night-migrating songbirds that navigate by starlight, and especially during nights where visibility is low such as in fog or inclement weather. Circling birds collide with structures or each other, or drop to the ground from exhaustion.

At the Laurel Mountain facility in the Allegheny Mountains, almost 500 birds were reportedly killed after lights were left on at an electrical substation associated with the wind project. The deaths are said to have occurred not from collisions with the wind turbines themselves, but from a combination of collisions with the substation and apparent exhaustion as birds caught in the light’s glare circled in mass confusion.

On the evening of September 24 this year at the Mount Storm facility in the Allegheny Mountains, 59 birds and two bats were killed. Thirty of the dead birds were found near a single wind turbine that was reported to have had internal lighting left on overnight. This incident stands in stark contrast to industry assertions that just two birds per year are killed on average by each turbine. Data from Altamont Pass, California wind farms – the most studied in the nation – suggest that over 2,000 Golden Eagles alone have been killed there.

On May 23, 2003 at the Mountaineer wind farm in the Allegheny Mountains, at least 33 birds were killed. Some of the deaths were attributed to collisions with wind turbines and some to collisions with a substation.

“The good news is that it shouldn’t be hard to make changes that will keep these sorts of unnecessary deaths from happening again, but it’s disturbing that they happened at all. It has long been known that many birds navigate by the stars at night, that they normally fly lower during bad weather conditions, and that artificial light can draw them off course and lead to fatal collision events. That’s why minimizing outdoor lighting at wind facilities is a well-known operating standard. And yet lights were left on at these sites resulting in these unfortunate deaths. This reinforces the need to have mandatory federal operational standards as opposed to the optional, voluntary guidelines that are currently under discussion,” Fuller said.

A fourth wind farm in West Virginia, the Beech Ridge Wind Energy Project in Greenbrier County, has not experienced large mortality events, likely because it is currently prohibited by a court order from operating during nighttime between April 1 and November 15.

“Some West Virginia conservation groups have suggested that other wind farms in the state should shut down their wind turbines at certain times and seasons to protect birds. Given the recurring bird-kill problems, that idea needs to be seriously considered, at least during migration season on nights where low visibility is predicted. A wind farm in Texas is doing just that, so it is possible.” said Fuller.