Entries in wind farm lawsuit (39)

2/16/11 UPDATE 1:06 Big Wind's big upset in little Town of Forest AND Look what they've done to my ag field, Ma AND Turbines in the news: Watch "Europe's Ill Wind" Same turbines troubles told with different accents AND Turbines banned in Lake County IL AND AWEA says the Golden Eagle isn't the the kind of gold we're after

TOWN CHAIR AND TWO SUPERVISORS VOTED OUT IN RECALL ELECTION

SOURCE WQOW

St. Croix County (WQOW) - The results from the recall elections in the Town of Forest are officially in.

The town chair and two supervisors have been voted out.

In the town chair race, Jaime Junker (194) was voted in to replace Incumbent Roger Swanepoel (123).

In the town supervisor race, Rick Steinberger (207) and Patrick Scepurek (185) were voted in to replace both Incumbents Carlton Cress (123) and Douglas Karau (113).

The recall is in response to a wind turbine controversy in the town.

************************

Latest WQOW News 18 story on wind turbines:

A citizen group files a lawsuit against the Town of Forest. That's north of Glenwood City.

An energy company is looking to build more than three dozen wind turbines on various properties in the area. The board approved the measure last year, but residents say they were kept in the dark about the plans.

The group is concerned about diminished land values and noise pollution from the turbines, which could be up to 500 feet tall. The group is asking for a permanent injunction to stop the building of the turbines.

[DOWNLOAD TOWN OF FOREST LAWSUIT DOCUMENT]

SECOND FEATURE:

THIS JUST IN: SCROLL DOWN TO READ NEW LEGISLATIVE ALERT FROM JOHN DROZ JR.

Click on the image above to watch ag land being torn up for a wind turbine

EUROPE'S ILL WIND: FILM REVEALS SAME TURBINE TROUBLE AS IN THE U.S.

Europe’s Ill Wind is a film about the views of people living near existing or planned wind farm developments. Their objections have been dismissed by the wind industry, government and pro-wind campaigners as selfish NIMBYism, leaving unanswered many questions about the reliability and environmental credentials of wind energy.

CLICK HERE TO WATCH

 

COUNTY BOARD RESTRICTS WIND FARM PROJECTS

There will be no large wind farms or towering energy turbines on the horizon for unincorporated Lake County, after the County Board voted Tuesday to bar such facilities from its development ordinance.

The 17-5 vote came after almost two years of county study on the issue and left some northern Lake County residents who had fought against allowing commercial wind farms overjoyed.

“It’s great,” Carol Sebesta of Old Mill Creek said after the board’s vote. “So many things have not been settled as far as their effects on children and the elderly.” READ ENTIRE STORY: Chicago Sun Times

WIND INDUSTRY GROUP OPPOSES FEDERAL GUIDELINES TO PROTECT BIRDS

The American Wind Energy Association Industry said it will oppose plans by a federal agency to adopt voluntary regulations on wind developers to protect birds and other wildlife.

AWEA said in a release that more than 34,000 MW of potential wind power development, $68 billion in investment and 27,000 jobs are at risk due to U.S. Fish and Wildlife Service policies on golden eagles.

Read entire article: www.pennenergy.com

 

EXCERPTS: NEW LEGISLATIVE ALERT FROM JOHN DROZ JR



As you know, probably never before has the US Congress been so focused on making budget cuts. There will be an important vote today in the House, but this process will go on for awhile, as there is no real resolution in sight.

[THANK YOU to all those who contacted their congressional representative yesterday.]

In my view, we MUST take advantage of this window of opportunity and do EVERYTHING possible to get wasteful renewable energy spending added to these cuts.

As has been discussed before, a superior energy target is "1603 Grants" — which amount to some $5 Billion. If these federal subsidies are removed, the whole wind industry in the US could collapse in one fell swoop!

There is NOTHING we can do that is simpler, faster, or less expensive, that will get this beneficial result.

If you want some information about 1603 Grants, see <<http://www.masterresource.org/2011/01/section-1603-windfall/ <http://www.masterresource.org/2011/01/section-1603-windfall/> >>.
------------

A good site that was sent to me seems to be the best place to go: <<http://majorityleader.gov/YouCut/ <http://majorityleader.gov/YouCut/> >>. This gives a complete list of the "Continuing Resolution" programs that Republicans are currently targeting to cut. So far the 1603 Grants are not on the list!

Note that their savings total is only $100 Billion (for 150 programs), so adding this one item for $5 Billion will get their attention.

At the bottom of that page, please click on the part that says Submit Your Idea.

The main argument that AWEA and the lobbyists are using to "justify" 1603 grants, is that it will produce jobs. Like almost everything they say, this is a ruse — and should be exposed as such. Here is what you might write (using your own words) at <<http://majorityleader.gov/YouCut/YourIdea.htm <http://majorityleader.gov/YouCut/YourIdea.htm> >:

"Please eliminate the 1603 Grant program as it is very wasteful spending. Independent studies have shown that this will result in a net jobs loss, that many of the jobs created will be outside the US, that the cost of jobs created is very high, that the benefits of these 'make work' jobs are very low, etc.  And why are we borrowing money from China to subsidize an industry that makes 25%± per year in profits???"

If you want some additional information on these types of jobs, here are some reports that have recently come out:
  1 - "Defining, Measuring & Predicting Green Jobs" <<http://tinyurl.com/626oa62 <http://tinyurl.com/626oa62> >>, and
        [Note that this study was sponsored by a major environmental group!]
  2 - "The Myth of Green Energy jobs — The European Experience" <<http://www.aei.org/outlook/101026 <http://www.aei.org/outlook/101026> >>.

PLEASE pass this on to all open-minded US citizens you know who are concerned about us sensibly reducing our debt.

THANK YOU!

john droz, jr.
physicist & environmental advocate


2/14/11 Be a Sweetheart and contact these legislators AND Our Video of the Day AND Residents say Tell it to the Judge: Lawsuit filed against Town of Forest, alleging under-the-radar granting of turbine permits AND Who are the losers in the Big Wind game?

A VALENTINES DAY MESSAGE FROM THE BPWI RESERCH NERD:

IF YOU + RURAL WISCONSIN = TRUE LOVE, WHY NOT BE A SWEETHEART AND GIVE THESE LEGISLATORS A CALL?

Call the numbers or click on the links below to contact members of the joint committee to thank them for holding last weeks hearing on the PSC's wind siting rules and to ask that the rules be suspended. (Read more ...)

Senator Leah Vukmir (Chair) (R- Wauwatosa) 266-2512, Sen.Vukmir@legis.wisconsin.gov
Representative Jim Ott (Chair) (R- Mequon) 266-0486, Rep.OttJ@legis.wisconsin.gov
Senator Joseph Leibham (R- Sheboygan) 266-2056, Sen.Leibham@legis.wisconsin.gov

Senator Glenn Grothman (R-West Bend) 266-7513, Sen.Grothman@legis.wisconsin.gov

Senator Lena Tayor (D-Milwaukee) 266-5810, Sen.Taylor@legis.wisconsin.gov

Senator Fred Risser (D-Madison) 266-1627, Sen.Risser@legis.wisconsin.gov
Representative Dan LeMahieu (R-Cascade) 266-9175, Rep.lemahieu@legis.wisconsin.gov  
Representative Gary Hebl (D-Sun Prairie) 266-7678,  Rep.hebl@legis.wisconsin.gov 
Representative Fred Kessler (D-Milwaukee) 266-5813, Rep.kessler@legis.wisconsin.gov  

Don't forget to include your name and address.

Click on the image above to hear wind turbine noise that includes a whistle. To see a picture of the family living beside these turbines, scroll down. [SOURCE]

CITIZEN GROUP FILES LAWSUIT OVER WIND TURBINE PROJECT

SOURCE: WQOW TV: Eau Claire

Town of Forest (WQOW) - A dispute over wind turbines has now turned into a lawsuit. 

This week, a citizen group filed a lawsuit against the Town of Forest.  That's north of Glenwood City. An energy company is looking to build more than three dozen wind turbines on various properties in the area.  The board approved the measure last year, but residents say they were kept in the dark about the plans.  

The group is concerned about diminished land values and noise pollution from the turbines, which could be up to 500 feet tall.  The group is asking for a permanent injunction to stop the building of the turbines.

NOTE FROM THE BPWI RESEARCH NERD: Emerging Energies is said to be the wind developer in this project. One of the founders of Emerging Energies is Bill Rakocy, pictured here. Rakocy is on the PSC's wind siting council.

SECOND FEATURE: 

Bill Rakocy's company, Emerging Energies, recently put up 500 foot tall turbines in the Town of Glenmore in Brown County. The Shirley Wind project hosts the tallest wind turbines in the state.

Better Plan recently received this email from Steve Deslauriers, a Brown County resident who recently visited a home in this wind project.

"I was graciously invited to go to a neighbor's home that is within approximately 3400 feet of 3 of the 500 foot tall Shirley Wind turbines (the closest being approximately 2700 feet from their home).  

They can see 6 of the turbines from their home - the farthest being miles away.

 The couple built this home and has lived there for 30 plus years and is now in their mid/upper 60's.  They wanted me to experience the effect the turbines are having on them.  

I drove up their driveway and got out of my car.  I looked around and the presence of the 3 closest turbines are very imposing.  I listened and could hear the thrumming of the blades and the whir of the gearboxes, but the noise I could hear has was not particularly loud - the wind speed this morning was 10mph so a pretty calm day.

I walked up to the door and was invited in the house to see the wife wearing industrial earmuffs in her kitchen which she removed right away when I walked in.  She went to the doctor this week due to ear pain (a new condition) and the earmuffs help - Doctor found nothing physically wrong.

The husband asked me to sit in his rocker and just left me alone for a while.  I heard the whir and whoosh, but it was pretty muffled.

 But here is what is scary to me - as I sat there over the course of 10 minutes or so, I could start feeling pressure in my right ear (facing the window that faced the turbines).  This was not expected.  At first, it was just "weird", but the longer I stayed, the more unsettling it was.

After a while the husband and I walked outside around their home.  As we walked on the side of the home, he stopped and I immediately said to him "I know why you stopped here!".  

It was a strange phenomenon - that place at that moment, I felt the same 'pressure' he did - must be from how the house is situated, wind direction, etc.  

I thought this was very weird so I walked back to the front of the house and came back to that spot a number of times and the same sensation was present each time.  It is hard to describe but there is a difference in pressure that you feel in your head.  The pressure feeling was present in most places, but particularly bad in some.

The longer I stayed at their home the more unsettled I became.  I honestly don't know how else to describe it.  Unsettled is the best way - the physical feeling of pressure in my ears did not go away, and the longer we visited, it felt like pressure was being felt in my temples.

 This is a feeling that my body was telling me was not good, and quite frankly, I did NOT want to stay.  Not because of any lack of hospitality, but the feeling that was in my head was not pleasant at all.  It triggered a flight response in me - I wanted to leave.  This on a day of 10mph winds....

This couple has offered to invite anyone to their house to experience this first hand.  Plan to spending some time there - my body's reaction worsened over time (that is this couples experience as well when they return after being gone a while).  

Bring a magazine or newspaper and sit in the husband's chair.  While I can't say your reaction will be the same, it is worth your time.  Even this couple's reaction to the sound/pressure is different, so sure it will affect each of you in different ways.

This is my first visit of any length inside an affected home and it was eye opening.  The setback and wind speeds were certainly not even close to the worst it could be, and despite that, I wanted OUT! ...  I could not live there.

THIRD FEATURE:

-Wind developer Gary Haltaufderheide speaking to residents in Rock County, Wisconsin regarding concerns about impacts to non-participating landowners:

 In any wind project, "There are always going to to be winners and losers"

BETTER PLAN LOOKS AT SOME OF THE LOSERS:

These are the losers. This family, these children-- now living with noise and shadow flicker  from poorly sited turbines. Read about what has happened to their lives since the turbines went on line by CLICKING HERE to visit their website

MORE LOSERS:

"The retired 61-year-old furniture maker said the turbines give him nausea by aggravating inner-ear and balance problems he’s had since a 1966-67 tour in Vietnam subjected him to the constant pounding of an Army 155-mm artillery piece. I cannot live where I’m living now with these decibels and vibrations,” he said. [SOURCE]

"Builders say they’re quiet, and Meyer said he believed that – until he stepped outside and looked up for the jet flying over. It was the new turbine nearby. Depending on wind and humidity, any of the five turbines within a mile of his house obtrude on the quiet, whining or thumping “like boots in the dryer.” Within weeks, his wife and son started having chronic headaches. His wife now suffers constant ringing in her ears. It vanished on vacation. Meyer no longer sleeps much –" [SOURCE]

"They're just too close to people." Allen Hass, 56, a Malone farmer, told the paper the rent he got for hosting a turbine couldn't make up for headaches. "I wish I never made that deal," he said. [SOURCE]

"Emmett Curley has enjoyed living in the area for 15 years, but says things have become unbearable since the wind turbines arrived a year ago. "Last summer when it started, I left my house. I just couldn't stand it.   I've had friends over that left during the situation, saying, 'I'm starting to get a headache,'" Curley said Friday. The problem comes when the sun sets and its light passes through the turbines, creating a flickering effect of shadow and light. It lasts for about an hour.  I'm lined up with two turbines that give me a double flicker. You can't watch TV, you can't read a book, a newspaper, you can't work on a computer because your eyes are constantly adjusting to light and dark," he said. "Green energy is a great thing, but when it interferes with life, health — no, something has to be done." [SOURCE]

"Obviously, the community has been torn apart because of this project," [Morrison Town Chairman] Christensen said. You have brothers not talking to brothers, fathers and sons not talking. It's sad. … Everybody has all the right to debate (an) opinion with fact, but do it with respect. That hasn't been happening."[SOURCE]

Ms Godfrey said she suffered sleep deprivation, headaches and nausea before moving out in April 2010 when Acciona purchased her property. It was like you had a hat on that’s too tight and you have a pain that just gets worse and worse, and you can’t take it off,” Ms Godfrey said. “There was pain most of the time.” [SOURCE]

"Glenbrae farming couple Carl and Sam Stepnell walked away from their nine-year-old home last week, claiming turbines near their property were making them sick.Mrs Stepnell, 37, said she began to suffer symptoms immediately after turbines were turned on near her house 14 months ago. “I’ve never suffered anything like it before,” she said.“Instant pressure in the ears and in the head, inability to sleep. The trouble is that it is not like a broken arm or leg. You can’t see it. Some nights the noise was unbearable. You cannot relax. You can’t get to sleep.” [SOURCE]

“They told us we wouldn’t hear it, or that it would be masked by the sound of the wind blowing through the trees,” said Sally Wylie, a former schoolteacher down the road from the Lindgrens. “I feel duped.” [SOURCE]

“I’m getting vibrations, and I haven’t slept in I don’t know how long,” Mrs. Garrow said. “But I don’t think anybody’s looking out for our interest.” [SOURCE]

Here, it is not just the constant noise, but the pulsing drone that makes the noise particularly hostile that is so disturbing. It is inescapable. [ SOURCE]

“I had problems with my heart, with my eyes, my digestive system,” Marshall told CTV News. “It traumatizes your whole body.” [SOURCE]

Future Losers:

“While I support the overall [wind] rule because it will promote the development of wind in Wisconsin, the rule fails to provide a much-needed safety net for people whose health declines because of a wind turbine located near their home,”  -PSC Commissioner Lauren Azar [SOURCE]

“It appears for some people that their blood pressure first thing in the morning is elevated if the turbines are going, and is not elevated if the turbine have been off overnight and early in the morning,” Dr Laurie said. Dr Laurie said early-morning blood pressure elevation was a known risk factor for heart attacks."[SOURCE]

“If large-scale wind energy plants would be sited in areas of intense vegetable production, the result could be devastating crop losses,” said Tamas Houlihan of the state Potato and Vegetable Growers Association. [SOURCE]

"...a nearby nursing home called Golden Living Center, based on calculations done by the applicant and the town’s engineer, are expected to experience the light-shadow play of flicker for more than the 30 hours per year the wind industry’s informal standard, noted Samuelson." [SOURCE]

“Bird deaths from wind power are the new inconvenient truth. The total number of birds killed and the amount of bird habitat lost will dramatically increase as wind power build-out continues across the country in a rush to meet federal renewable energy targets,” [SOURCE]

"A real estate agent says many of her customers don't want to live near wind farms, which has caused home values to drop in those areas.Beth Einsele of Beth Einsele Real Estate in Shabbona said she has shown her share of properties near Lee County wind farms. She said the houses there can't sell for as much as similar homes in other areas of the county." [SOURCE]

“We are a hard working young family — my partner has shed blood, sweat and tears to make that property what it is today,” Mr Manning told The Border Watch. She literally cried when she began to comprehend what the wind farm’s impact will have on our future plans, including the future development of our investment, our retirement, in terms of the potential for the property and the personal connection we have with it.” [SOURCE]

 CLICK ON LINKS BELOW TO READ ABOUT MORE WIND PROJECT LOSERS IN THE NEWS

 “Wind farms ‘make people sick who live up to a mile away’”.

 January 25, 2004. Telegraph.

 “Family says turbine vibrations made them ill enough to move”.

 May 13, 2006. Hamilton Spectator.

“Could Wind Turbines Be A Health Hazard?”

  October 12, 2006. WHAM-TV..

 “Quietly sounding alarm; Forced from home after noise from wind farm turbines made family sick, d’Entremont telling others his story”.

August 27, 2007 Chronicle Herald

 “Neighbors claim wind turbine makes them ill”

 July 29, 2008. WFAA-TV. 

 “Wind turbines cause health problems, residents say”.

 September 28, 2008. CTV

“Neighbors at odds over noise from wind turbines”

November 3, 2008. USA Today

“Wind farms: Is there a hidden health hazard?”

November 14, 2008. KATU-TV

 “NW Missouri man sues Deere, wind energy company”.

February 3, 2009. Associated Press.

 “Something in the Wind as Mystery Illnesses Rise”.

February 6, 2009. Asahi Shimbun.

 “Wind farms: Interview of Malone and Johnsburg residents”.

March 2, 2009. Morning Show, KFIX.

 “Loud as the wind: Wind tower neighbors complain of noise fallout”.

March 8, 2009 East Oregonian.

“Wind Turbines Driving People From Their Homes”.

A-News, CTV

“Wind turbines causing health problems, some Ont. residents say”.

April 14, 2009 CBC Radio One.

 “Noise, Shadows Raise Hurdles For Wind Farms”

April 21, 2009 Wall Street Journal.

 “Reports of wind farm health problems growing”

April 22, 2009 CTV

 “Formal study needed into health effects of wind turbines, doctor says”.

(April 23, 2009). CBC News.

 “Daughter’s Earaches Blamed On Wind Farm”.

A-News, CTV Globe Media.

 “Survey points to health woes arising from wind turbines”.

May 5, 2009 Peter Epp

 “Is public’s health blowing in the wind?”.

May 7, 2009 Western News.

 “Wind turbines blamed for adverse health effects”.

May 13, 2009 The Epoch Times.

 “Does wind turbine noise affect your sleep or health?”

May 15, 2009 WLBZ2.

 “Health can be a key issue when living near wind farm”.

May 23, 2009. Southern Illinoisan.

 “Solutions sought for turbine noise”.

June 4, 2009 Huron Daily Tribune.

 “Wind turbine noise is rattling some residents in Michigan’s Thumb”

June 11, 2009 Bay City Times.

 “Wind Farms Ruining Quality of Life?”.

June 19, 2009 WNEM.

 “St. Columban residents get informed on wind turbine health concerns”.

June 24, 2009. Lucknow Sentinel.

 “Wind turbine noise ‘forces’ couple out”.

 July 15, 2009.A BC News

 “Are wind farms a health risk? US scientist identifies ‘wind turbine syndrome’”.

August 2, 2009. The Independent.

 “Living near a wind farm can cause heart disease, panic attacks and migraines”.

August 2, 2009. Daily Mail

 “Discontent of Mars Hill Residents Leads to Lawsuit Against First Wind”.

August 7, 2009. Maine Public Broadcasting Network.

 “Migraine, Wind Turbine Connection Still Being Examined”.

August 11, 2009. KESQ.

 “Mars Hill windmills prompt civil lawsuit”

.August 12, 2009. Bangor Daily News.

 “Farmers flee as turbines trigger despair”.

August 22, 2009. The Australian.

 “No relief for land owners affected by wind farms”.

August 24, 2009 The Australian.

“Govt urged to probe wind farm illness claims”

August 28, 2009 ABC news

 “Anger over wind turbine noise”.

September 7, 2009 Weekly Times

 “Living near turbines is ‘mental torture’, Carlisle inquiry told”.

October 22, 2009 News & Star.

 “Living by wind farms no breeze, some say”.

November 24, 2009 Detroit Free Press

 “Officials cover up wind farm noise report”.

December 13, 2009 Sunday Times.

 “Wind tower neighbor bought out for health reasons”.

December 30, 2009. Chronicle.

 “Wind turbines: Expert says people are suffering health problems from being too close to structures”.

January 16, 2010. Whig-Standard.

 “Sickness claims prompt study of wind turbines”.

January 16, 2010. Whig-Standard.

 “Claims of wind farm illness”.

 “The Brewing Tempest Over Wind Power”.

March 1, 2010. Wall Street Journal.

. “Wind Farms Causing Health Problems?”.

 March 4, 2010 Fox Business

“Landowners sue Invenergy over Forward Wind Energy Center”.

April 1, 2010. Daily Reporter.

 “Effects of turbines in question”.

April 12, 2010 Concord Monitor.

 “Oakfield couple files PSC complaint over wind farm”.

April 18, 2010. Fond du Lac Reporter.

 “Couple driven out by noisy wind turbines sue ″.

April 19, 2010. Daily Mirror.

 “Wind farm property sells at sheriff’s sale”.

Snyder, Paul May 6, 2010. Daily Reporter.

“Hospital hosts wind debate”

 May 7, 2010. Rutland Herald

 “Another health problem caused by turbines”.

May 26, 2010. Watertown Daily Times

 “Sick residents claim wind farm ‘torture’”

May 27, 2010 Herald Sun.

 “Homeowners File Lawsuit Over Wind Turbines”.

May 28, 2010 WNEM.

 “An ill wind blows in”.

May 29, 2010. The Standard.

 “Falmouth wind-turbine noise has local residents whirling”.

June 2, 2010. Boston Herald

 

2/11/11 Wind Project Homes Slideshow AND Contact the Committee AND Want to watch Wednesday's wind siting hearing? AND Why did the Vice Chairman of the Wind Siting Council testify against the PSC wind rules AND Let's review of the first International conference on health effects associated with industrial scale wind turbines

Click on the image above to watch a video slide show of homes in the Fond du Lac County wind projects. The siting guidelines the Public Service Commission used in Fond du Lac and Dodge Counties are much like the siting rules that will take effect on March 1, 2011 unless the Joint Committee for Review of Administrative Rules (JCRAR) decides to suspend the rules and return them to the PSC.

At the hearing, the JCRAR showed themselves to be an unusually attentive group of legislators who appeared genuinely interested in what people at the hearing had to say. They gave particular attention to the stories from the people with homes in the wind projects who are clearly having trouble living with setbacks the PSC setbacks once assumed to be safe.

Click on the links below if you'd like to contact members of the joint committee to thank them for holding the hearing and to ask that they suspend the PSC's rules.

Senator Leah Vukmir (Chair) (R- Wauwatosa) 266-2512, Sen.Vukmir@legis.wisconsin.gov
Representative Jim Ott (Chair) (R- Mequon) 266-0486, Rep.OttJ@legis.wisconsin.gov
Senator Joseph Leibham (R- Sheboygan) 266-2056, Sen.Leibham@legis.wisconsin.gov

Senator Glenn Grothman (R-West Bend) 266-7513, Sen.Grothman@legis.wisconsin.gov

Senator Lena Tayor (D-Milwaukee) 266-5810, Sen.Taylor@legis.wisconsin.gov

Senator Fred Risser (D-Madison) 266-1627, Sen.Risser@legis.wisconsin.gov

Representative Dan LeMahieu (R-Cascade) 266-9175, Rep.lemahieu@legis.wisconsin.gov  
Representative Gary Hebl (D-Sun Prairie) 266-7678,  Rep.hebl@legis.wisconsin.gov 
Representative Fred Kessler (D-Milwaukee) 266-5813, Rep.kessler@legis.wisconsin.gov  

Don't forget to include your name and address.

Click on the image below to see a video made by Larry Wunsch who served on the wind-siting council.

Mr. Wunsch testified to the committee on Wednesday about his first hand experience of living 1100 feet from a wind turbine being marginalized. He said the council wouldn't allow him to play a recording of the wind turbine noise he lives with.

Although Mr. Wunsh made copies of the video below available to council members, it was never discussed.

Posted on YouTube in August of 2008, Larry Wunsch's video has been viewed over 45,000 times.

HUNDREDS JAM HEARING ON WISCONSIN WIND ENERGY RULES

SOURCE: The Associated Press

February 10, 2011

MADISON, Wis. (AP) — Hundreds have packed a legislative hearing on how far energy-generating wind turbines should be located from property lines.

Statewide construction standards for turbines are set to go into effect March 1. But Gov. Scott Walker and his fellow Republicans have raised concerns that the regulations would allow turbines to be built too close to a neighbor's property.

Walker proposed a bill with larger setbacks but lawmakers decided not to consider it after critics said the measure would hurt the wind industry. GOP lawmakers instead have chosen to approach the issue through the rule-making process.

Republicans on the rule committee told state regulators they're worried the rules allow turbines to be built so close to property lines neighbors could get hurt.

The committee wasn't expected to take any action on Wednesday.

Couldn't make the wind siting hearing at the capitol on Wednesday? Want to know what happened?

WATCH WISCONSIN EYE'S VIDEO OF WEDNESDAY'S WIND SITING HEARING AT THE CAPITOL BY CLICKING HERE

Want more?

CLICK HERE TO LISTEN to Wednesday's broadcast of Wisconsin Public Radio's Joy Cardin show:  Writer Lynda Barry discusses the hearing and the research she's done on  wind siting issues in our state.

TESTIMONY

To: Joint Committee for the Review of Administrative Rules (JCRAR)

From: Douglas Zweizig, Ph.D., Vice Chair, Wind Siting Council

Re: Clearinghouse Rule #10-057; PSC Wind Siting Rules proposed Chapter 128

Date: February 9, 2011

My name is Douglas Zweizig.

I am a retired UW—Madison professor from the School of Library and Information Studies. I conducted national survey research studies, and I directed doctoral students in the conduct of original research.

I’m also a member of my Town's Plan Commission, and I serve as Vice-Chair of the PSC's Wind Siting Council.

I am here today to request the Joint Committee for Review of Administrative Rules to set aside PSC 128 (CR 10-057).

I am one of the authors of the Wind Siting Council’s minority report to the Public Service Commission. (See Appendix E of http://psc.wi.gov/mediaRoom/documents/WSC%20Final%20Report%20and%20Cover%20Letter%208-9-2010.pdf)

That minority report details grave concerns about the basis for the wind siting rules that are before us today. I am here to request that the rules be suspended because they were produced without a thorough or responsible audit of the negative impacts of industrial-scale wind turbines.

The rules as written will not protect the health, safety and welfare of impacted Wisconsin residents and communities. As you may know, the majority of the Wind Siting Council members had a direct or indirect financial interest in pushing for rules that favored the wind industry.

The rules reflect this, resulting in setbacks that are too short, limits on noise and shadow flicker that are too lax, and nearly non-existent remedies for citizens with complaints.

In Act 40, the legislature required an independent and qualified researcher "with expertise regarding the health impacts of wind energy systems" to be a member of the Wind Siting Council.

 Instead, the Public Service Commission appointed a junior physician staff member of the state Division of Public Health who was just out of medical school. He openly and publicly admitted he had no expertise in the issue of health effects and wind turbines. He had collected no data and had made no observations himself on the health effects of wind energy systems.

His research consisted of reviewing existing literature using very narrow criteria. This resulted in a whitewashed report to the Council which ignored not only the first-hand experience of Wisconsin residents who are clearly having trouble living with wind turbines, but also disregarded even the most basic recommendations of the World Health Organization on nighttime noise limits necessary for healthful sleep. (www.euro.who.int/__data/assets/pdf_file/0017/43316/E92845.pdf)

The most common health complaint from wind project residents is not mysterious: turbine vibration and noise interrupts their sleep. Health problems associated with chronic sleep deprivation from nighttime noise are well known. The PSC should be directed to carry out the quality of study called for in Act 40.

The main argument against more protective guidelines is an economic one. Wind energy proponents tell you the very setbacks that will protect the health of Wisconsin residents are “job killers.” You have been told over and over that wind energy systems will create jobs and provide a clean, effective source of energy with no negative consequences.

Of course, we are all interested in increased jobs for Wisconsin, but those who claim that short setbacks will not only do no harm but will also result in over 7,000 wind-related jobs in our state should be required to prove it, not just claim it.

The MacIver Institute recently attempted to document Wisconsin jobs related to wind energy and were able to identify only 31 jobs that were specifically tied to wind energy-related products. (http://maciverinstitute.com/2010/08/facts-about-green-job-creation-elusive-as-the-wind/) What’s the truth here? Shouldn’t we know?

In the name of questionable job creation, you are asked to accept siting rules that clearly disregard negative impacts to human health, wildlife, and property values in order to promote unsubstantiated claims of improved air quality and job growth.

If the PSC is to create wind siting rules for the entire state, then provisions for accountability must be part of those rules.

The rules must ensure the following things: that wind development does no harm to people, property values, wildlife, or habitat; that it provides an economical power source; and that it reduces output from coal-fired power plants in our state. 

As Vice-Chairman of the Wind Siting Council, I am here to say the rules as put forth by the PSC do not meet these requirements and to ask that you suspend them.

I would be glad to answer any questions you may have.

Douglas Zweizig

Evansville, WI 

Town of Union (Rock County) Plan Commission


SECOND FEATURE: LET'S REVIEW:

LEADING EXPERTS POOL MOST RECENT UNDERSTANDING OF HARM OF INDUSTRIAL WIND TURBINES ON HUMAN HEALTH

SOURCE: Wellington Times, wellingtontimes.ca

Evidence was presented that people likely don’t “get used to” wind turbine noise. Even those who claim not to hear noise appear to endure physiological stress related to the pulsating low frequency noise.

Among the more worrisome bits of information gleaned from the weekend conference was that current assumptions of safe setbacks are likely wrong.

November 5 2010

by Rick Conroy,

Piece by piece, presentation by presentation, the foundation upon which industrial wind industry and much of Ontario’s Green Energy Act sits was taken apart and dismantled this past weekend.

The industrial wind turbine business was always on shaky ground. It has been promoted by governments eager to be seen to be doing something about the western world’s reliance on fossil fuels—oil, gas and coal. In many respects wind energy policy has been a public relations exercise fuelled by governments’ willingness to spill billions of taxpayer dollars into developer’s pockets.

They do so with a mix of wishful thinking and willful blindness in the expectation that technology leaps will fill in the significant operational gaps before most folks realize intermittent generating sources don’t work on a large scale.

None of these folks anticipated, however, that industrial wind turbines would actually make people sick. After the first international symposium in Picton on the weekend, there can be little doubt remaining.

Several analogies were made about how the fight against the harmful effects of smoking tobacco began with just a few voices in the medical and scientific community. It would take decades, however, before governments would listen and begin to take action. The esteemed participants of the Picton gathering fervently hope it doesn’t take as long for governments and the broader public to understand the harm caused by industrial wind turbines.

Dr. Bob McMurtry, a physician and former deputy minister of health in Ontario, gathered doctors, scientists and researchers from around the world to Picton in reveal their findings and share the latest information on the impact of industrial wind turbines in what he termed a “consilience” or unity of knowledge.

WHAT WE LEARNED

Several alarming messages emerged. Every animal with a functioning hearing organ, including humans, is at risk of being affected by the low-frequency pulsating sound emitted by industrial wind turbines.

Those most acutely affected tend to be disposed to motion sickness or car sickness— but even those without these symptoms may be responding to the noise, whether they are aware of it or not.

The low-frequency and subsonic (below the hearing range) noise from wind turbines has a demonstrable effect on the ear and hearing mechanisms. The most acute symptoms include nausea, dizziness and sleep disturbance. It is now becoming evident, however, that even those who don’t suffer these particular symptoms are likely realizing some harm.

These hearing mechanisms are closely related to language development, learning and cognitive organization— as the fine components of the ear become stressed, learning in children becomes impaired, concentration becomes harder for adults, and sleep is disrupted.

Evidence was presented that people likely don’t “get used to” wind turbine noise. Even those who claim not to hear noise appear to endure physiological stress related to the pulsating low frequency noise.

Among the more worrisome bits of information gleaned from the weekend conference was that current assumptions of safe setbacks are likely wrong.

Many opponents of large scale industrial wind factories have pressed for setbacks from homes of at least two kilometres. (Ontario’s Green Energy Act prescribes setbacks of just 550 metres.) But studies done by sound experts John Harrison and Richard James now show that in some conditions— over water and rocky terrain and beneath low cloud cover—the low-frequency noise can travel up to 15 kilometres.

Keynote speaker Dr. Nina Pierpont, the author of Wind Turbine Syndrome, explained that “our brains don’t function well” when subjected to long-term sustained low thumping noise from industrial wind turbines.

According to her research 90 per cent of those in her test sample exposed to the “pulsating tone” of the wind turbines suffered from cognitive performance deficit as compared to a control group. Generally they had more difficulty with reading, spelling, math, memorization and recalling the plots of television shows.

Pierpont’s findings extend beyond cognitive issues. She has also observed that stress to the hearing organ is linked to balance, which has a close relationship to emotions including panic and fear. These are the same triggers that cause in some a paralyzing fear of heights.

She observed that two-thirds of her test group—14 of 21—presented “disturbing symptoms” such as the need to flee, difficulty breathing, and panic.

Dr. Arlene Bronzaft recounted her groundbreaking studies on noise and learning done three decades ago in New York City. In her work she documented how children on one side of a school nearest a busy train line suffered from measurable learning impairment compared with students on the opposite side of the school.

Her work led to legislation and changes in the classroom to ensure students has a quiet place to learn, not just in New York, but across the U.S..

She urged the physicians and scientists in the room to continue to produce evidence of the harm of industrial wind turbines.

“You need the studies and the research,” said Dr. Bronzaft. “You need to teach. You need to be political. But I ask you not to give up if you are successful in one area—there are communities in Wyoming, Nebraska, Kansas, Maine and across North America with small groups who are fighting these developers. They will continue to need your help.”

Alec Salt heads the Cochlear Fluids Research Laboratory at Washington University in St. Louis. He illustrated that sound emitted from industrial turbines is many times greater than the audible hearing range—prompting him to work through the answer to his own question—does sound that you can’t hear hurt you?

Salt’s research has shown how low-frequency sound affects the transport mechanism of the ear and hearing structure.

“A big part of the sound created by an industrial wind turbine can’t be heard,” explained Salt. “That doesn’t mean it can’t hurt you. When these structures move frequently and dramatically it can have an effect on a range of symptoms.”

He asked the audience to consider this proposition against other human senses.

“Apply this notion to taste, smell, sight and touch,” said Salt. “Does anyone believe that you have to taste something in order for it to be harmful? We know that ultraviolet light (light we can’t see) can have a dramatic effect on skin and other organs. The notion that we can’t be harmed by sounds we can’t hear is nonsense. We need to stop ignoring the effects of infrasound on people.”

He is less clear about whether symptoms persist after exposure to industrial wind turbine infrasound is discontinued.

Sleep expert Dr. Chris Hanning travelled from the U.K. to explain the effect of industrial wind turbines on sleep. He observed that the need for sleep is universal among animals—that poor sleep leads to a range of disorders from obesity to heart disease.

“Disrupted sleep over time leads to heightened states of frustration, anger and feelings of loss of control,” said Hanning. “This noise is viewed as an invasion of the place in which we go to retreat from life, where we go to feel safe.”

He also observed that the pulsating tone when measured on a spectragraph appears very similar in pattern to a fire alarm: “the tone we use to arouse people from sleep and warn them of danger.”

He has found that the persistent low frequency throbbing of industrial wind turbines is more disruptive to sleep than traffic, aircraft and industrial noise. The only thing worse, according to Dr. Hanning, is the rhythmic bass pounding from a loud stereo or “boombox” nearby.

Like Dr. Bronzaft, Hanning urged his colleagues in the room to continue to produce research and studies. He said illconsidered government policies have created thousands of guinea pigs around the world.

“There are enough folks being affected right now that together we can do the work that government and industry should have done in advance,” said Hanning.

MARS HILL

After the physiological mechanics of the effect of industrial wind turbines had been described the conference turned to the victims. Dr. Michael Nissenbaum has conducted a controlled study of effects of industrial wind turbines on residents of Mars Hill in Maine.

The subjects in his study live within 1,100 metres of an industrial wind installation consisting of 28 1.5 MW wind turbines. His control group consisted of 27 adults living on average 5,000 metres from the wind turbines.

Eighty-two percent (18 of 22) of those closest to the turbine reported “a new onset or worsened sleep disturbance” since the turbines went online. Only one of the 27 of those five kilometers away reported a new or worsened sleep disturbance. One hundred per cent of those closest to the turbines had considered moving away.

JUDICIAL REVIEW

Much of this evidence presented this weekend, will likely be used in January as Ian Hanna of Big Island takes on the Ontario Government in court. Hanna is arguing that the province failed to use the “precautionary principle” when it lowered and removed regulatory hurdles to developers of industrial wind energy through the Green Energy Act. The precautionary principle states that governments or organizations must ensure that its policies do not harm individuals or communities prior to enactment.

It seems clear from this weekend’s Picton conference that the province failed to meet this test.

1/28/11 UPDATED: Life in a Wisconsin wind project: who is listening to the residents? AND Update on Big Wind lawsuit in Ontario AND Wind project resident suffers heart-attack during presentation about turbine noise violations AND Stray Voltage and Wind Turbines

THE NOISE MOVED IN NEXT TO THE HOMEOWNERS

SOURCE Journal Sentinel, www.jsonline.com

January 27, 2011

By Patrick McIlheran

In Thursday’s Journal Sentinel, I talk with the neighbors of some wind projects. Frankly, I think wind turbines are pretty atop the ridge south of Fond du Lac, but I don’t live near them. Gerry Meyer does, and he recounts just how loud they are — like a jet plane flying over, or like boots in the clothes dryer.

That’s why, he tells me, he thinks the 1,800-foot line specified in Gov. Scott Walker’s bill on wind turbine siting makes sense. It isn’t a setback — rather, the bill simply requires that anyone putting a wind turbine closer than 1,800 feet to a property line get the permission of the owner on the other side.

Wind advocates say that will kill wind power in Wisconsin. It’s “highly unlikely,” said Clean Wisconsin’s Keith Reopelle, that developers would want to negotiate with neighbors, much less pay them compensation, the likely means by which such permission would be gained.

Besides, said Reopelle, it’s not as if wind turbines are the only noisy thing out there. He mentioned how he used to live along the edge of Interstate 90 south of Madison.

“We’ve never talked about monetary compensation for people who live near highways,” he said.

True enough, but there’s a critical difference: I-90 was a freeway long before Reopelle ever moved next to it. By comparison, rural southern Fond du Lac County was field and wood until about two years ago. Characteristic noises would include the footfalls of deer. “I have not seen a deer here since construction began,” said Meyer, and the owls and hawks that used to frequent his woodlot are gone, too. While someone choosing to live near a freeway is moving next to the noise nowadays (since we’re not building new freeways), in the case of wind farms, the noise is moving in.

FAIR AND OPEN PROCESS? MORE LIKE OUTNUMBERED AND IGNORED SAY TURBINES' NEIGHBORS

SOURCE: Journal Sentinel, www.jsonline.com

January 27, 2011 By Patrick McIlheran

If you look at my column in Thursday’s Journal Sentinel about wind turbines, you’ll notice one of the people I talked to is Larry Wunsch, who lives 1,100 feet from a turbine near Brownsville.

Wunsch was on the panel that the Public Service Commission assembled to advise it on wind turbine siting rules. The PSC was told by the Doyle administration to trump town and county rules on how far turbines should be from houses, and it picked a number, 1,250 feet, that wind advocates say is plenty far enough.

In fact, say advocates, the number is a compromise — tougher than they wanted but less than what wind farm critics sought. “A fair decision arrived at,” said Denise Bode, head of the American Wind Energy Association. The number was arrived at via an open process involving all kinds of stakeholders, she said.

It’s true that wind turbine critics wanted a farther setback — one figure that gets thrown around is a 2-kilometer setback, or more than 6,000 feet. But that the PSC’s figure is less than critics wanted and more than developers did proves nothing about the process that produced the PSC’s rule.

Was, in fact, the process fair? Not really, says Wunsch. For one thing, the PSC’s panel was heavy with advocates of wind, he notes. By law, it had to include two wind-farm developers, two utility representatives (utilities favor easier wind-farm siting), one university expert, one township official, one county official, two real estate reps (who generally want tighter limits), two wind-farm neighbors, and two members of the general public. In this case, one of the members of the public was a former Doyle functionary; the other was Jennifer Heinzen, who happened to be an offical with RENEW Wisconsin, a pro-wind group. It mean RENEW had two people on the council.

“A member of the public should be Joe down at the bait shop,” said Wunsch, and while you might think so, state law made no such specification.

As for whether the council did much listening, again, Wunsch contends it didn’t. He contends he tried playing recordings he made outside his home of turbine sounds — along with sound-meter readings of between 50 and 60 decibels — and was turned down. He says he later suggested just playing an hour of turbine noise he recorded in his backyard during the proceedings as a show of what neighbors endure. “I was told by chair that I could not do that. Any experiment I tried to bring to them they weren’t interested.”

Obviously, a majority of the council disagreed with Wunsch, but that doesn’t lessen the fact that, however lawful and public the process, the neighbors of wind farms felt they weren’t consulted so much as outnumbered and trumped.

Click on the video above to hear what wind turbines sound like. Video recorded by Gerry Meyer who lives in the Invenergy Forward Energy Wind Project. Video camera microphones aren't sensitive enough to fully record wind turbine noise. Even so, the distinct quality of wind turbine noise is very clear here.

CLICK HERE to read Meyer's daily account of life with wind turbines in The Brownsville Diary,

CONCERNS ARE ADRIFT IN THE WIND

SOURCE: Journal Sentinel, www.jsonline.com

January 26, 2011

Patrick McIlheran

If anyone had to ask Gerry Meyer for permission to install a wind turbine 1,560 feet from his house, it isn’t clear he’d have said no.

“At one time, I supported this, because I didn’t know any better,” said Meyer, who lives amid the 86-turbine wind farm south of Fond du Lac, near Brownsville. “I was naive.”

But no one had to ask Meyer anything. As turbines and their neighbors are back in the news, with wind proponents saying Gov. Scott Walker’s proposed change to siting rules will kill wind power in Wisconsin, one thing is becoming clear: Wind backers aren’t doing enough asking or listening to neighbors.

Neighbors are listening, whether they want to or not, to the turbines. Builders say they’re quiet, and Meyer said he believed that – until he stepped outside and looked up for the jet flying over. It was the new turbine nearby. Depending on wind and humidity, any of the five turbines within a mile of his house obtrude on the quiet, whining or thumping “like boots in the dryer.”

Within weeks, his wife and son started having chronic headaches. His wife now suffers constant ringing in her ears. It vanished on vacation. Meyer no longer sleeps much – “The only time I dream is when we go to our cabin,” he said – and he says his blood chemistry’s now a mess. His cortisol returned to normal, and he lost 21 excess pounds when the turbines were off for three weeks. “That should raise a red flag,” he said.

A mail carrier, Meyer talks of dogs grown surly and neighbors who have abandoned farms. One neighbor, Larry Wunsch, 1,100 feet from a turbine, cites “shadow flicker,” when sunlight shines through the blades. “It looks like someone is turning the lights on and off,” he said. The state “says you should be able to put up with that for 40 hours a year.” He can’t. He’s been trying to sell for more than a year.

Elsewhere near Fond du Lac, turbines’ neighbors mention the jet-like noise. “Sometimes it sounds like a racetrack or a plane landing,” Elizabeth Ebertz, 67, of St. Cloud, told the Wisconsin State Journal in August. “They’re just too close to people.” Allen Hass, 56, a Malone farmer, told the paper the rent he got for hosting a turbine couldn’t make up for headaches. “I wish I never made that deal,” he said.

Distance is at issue now that Walker proposes changing the uniform setback the state adopted last year. The Public Service Commission overrode stricter local rules, saying turbines had to be at least 1,250 feet from homes. Walker proposes 1,800 feet from property lines, a distance backers say will kill the wind industry. The existing standard is strict enough, says Denise Bode, head of the American Wind Energy Association, and changing it leaves little room for turbines.

Except Walker’s bill doesn’t say turbines must be 1,800 feet from anything – only that if they’re closer, the neighboring owner must grant permission.

Wind backers feel that’s not workable, says Keith Reopelle of Clean Wisconsin, a group favoring turbines. Neighbors would demand payment, “raising the price of wind power and making wind power less competitive,” he said.

Well, yes, neighbors do complicate things. So do lawsuits, like the one Clean Wisconsin joined to try stopping We Energies’ new low-pollution Oak Creek power plant; the settlement will raise your power bills by $100 million. There are lots of trade-offs in generating electricity, and wind is no exception.

The difference is that with wind, the burden falls heavily on people right next door. It lowers theirproperty value, it affects their health in ways not yet understood and it can be alleviated by paying neighbors for their trouble, a deal that Walker’s bill encourages.

But wind backers aren’t inclined to bargain or even acknowledge a problem. “We live with lots of noises,” such as from roads, said Reopelle. Bode, asked about complaints, replied, “There are always going to be some folks who don’t want development.”

Nothing wrong with development, said Meyer, “but what about our health?” The wind farm, he said, “has completely taken away our quality of life.” Of such complaints, wind’s proponents hear nothing.

SUPPORT SENATE BILL 9: WALKER'S WIND SITING REFORM

Better Plan encourages you to take a moment right now to contact Governor Walker's office to thank him for the provisions in Senate Bill 9, (CLICK HERE TO DOWNLOAD THE BILL) which provides for a setback of 1800 feet between wind turbines and property lines. Let him know you support this bill.

 CONTACT

Governor Scott Walker

  govgeneral@wisconsin.gov
115 East Capitol
Madison WI 53702
(608) 266-1212 

RED ALERT!

It's very important that you contact these key legislative committee members and urge them to support this bill and vote to move it forward. Every phone call and email to these committee members matters.

 Members of the Senate Committee on Judiciary, Utilities, Commerce, and Government Operations.

-Chairman Senator Rich Zipperer (R) Sen.Zipperer@legis.wisconsin.gov
(608) 266-9174   Capitol 323 South

-Vice Chair Senator Neal Kedzie (R)  Sen.kedzie@legis.wisconsin.gov
(608) 266-2635   Capitol 313 South

-Senator Pam Galloway(R)

Sen.Galloway@legis.wisconsin.gov
(608) 266-2502   Capitol 409 South

Senator Fred Risser (D)  Sen.risser@legis.wisconsin.gov
(608) 266-1627   Capitol 130 South

Senator Jon Erpenbach (D)  Sen.erpenbach@legis.wisconsin.gov
(608) 266-6670   Capitol 106 South

 Assembly Committee on Energy and Utilities
 
Representative Mark Honadel (Chair)

(888) 534-0021 (414) 764-9921 (South Milwaukee)

Rep.honadel@legis.wisconsin.gov


Representative John Klenke (Vice-Chair)

(888) 534-0088 (Green Bay) new
Rep.Klenke@legis.wi.gov

Representative Kevin Petersen

(888) 947-0040 (Waupaca)
Rep.Petersen@legis.wisconsin.gov

Representative Gary Tauchen

(608) 266-3097 (Bonduel)
Rep.Tauchen@legis.wisconsin.gov

Representative Thomas Larson

(888) 534-0067 (Colfax) new
Rep.Larson@legis.wi.gov

Representative Erik Severson

(888) 529-0028 (Star Prairie) new
Rep.Severson@legis.wi.gov

Representative Chad Weininger

(888) 534-0004 (Green Bay) new
Rep.Weininger@legis.wi.gov

Representative Josh Zepnick

(608) 266-1707 (414) 727-0841 (Milwaukee)
Rep.Zepnick@legis.wisconsin.gov

Representative John Steinbrink

(608) 266-0455 (262) 694-5863 (Pleasant Prairie)
Rep.Steinbrink@legis.wisconsin.gov

Representative Anthony Staskunas

(888) 534-0015 (414) 541-9440 (West Allis)
Rep.Staskunas@legis.wisconsin.gov

Representative Brett Hulsey

(608) 266-7521 (Madison)
Rep.Hulsey@legis.wi.gov

And be sure to contact your own legislators and encourage them to support the bill.

Who Are My Legislators?  To find out, CLICK HERE

Senate E-Mail Directory

Assembly  E-Mail Directory

SECOND FEATURE

TURBINES, GREEN ENERGY ACT, FACE COURT CHALLENGE

SOURCE: Orangeville Citizen, www.citizen.on.ca

January 27, 2011

By WES KELLER Freelance Reporter,

The fate of Ontario’s Green Energy Act (GEA), as it relates to wind turbines, might hinge on whether a Divisional Court panel of three Superior Court judges rules that the government should have sought proof that there are no harmful health effects from turbines or rules that the government considered adequately whether a standard setback of 550 metres is safe.

An application for a judicial review, brought by lawyer Eric Gillespie representing Prince Edward County resident Ian Hannah, was heard Monday in Toronto over objections from government lawyer Sara Blake, who argued that the court had no jurisdiction as it involves a wind farm proposal that should be subject to the Renewable Energy Approval (REA) process.

The Canadian Wind Energy Association (CanWEA) is a party to the hearing but only as “a friend of the court” and so far only apparently to the extent of submitting information. But its position reflects that of the government.

“In our view this application has no merit and should not be before the court. The proper forum for issues related to setbacks for wind turbine projects is through the Renewable Energy Approval (REA) process. The REA is designed to ensure that renewable energy projects are developed in a way that is protective of human health, the environment, and Ontario’s cultural and natural heritage,” said CanWEA’s media relations officer, Ulrike Kucera in an email response.

The judges have reserved their decision to allow time to review the complex submissions from both sides, but Wind Concerns Ontario is considering that a victory. It says essentially that to have had the case heard at all was a win, and cites three hurdles that it consider it has overcome.

First hurdle: having the case heard;

Second hurdle: the court heard evidence from experts whom the government side said were unqualified;

Third hurdle: the fact of the reserved judgment, as an indication that the panel is reviewing all submissions – including those of the turbine opponent.

Mr. Gillespie’s submissions generally were that the provincial ministry did not consult doctors and did not follow what is known as “the precautionary principle” by which a proposal should be rejected if there is uncertainty about its effects.

Ms. Blake defended the process of the GEA drafting as, she said, the minister reviewed scientific studies. She said the doctors cited by Mr. Gillespie lacked the (expert) qualifications required, and described one of them as “an advocate against wind farms” because an area near his home is being considered for a possible wind farm.

On Tuesday, Mono council unanimously passed a motion by Councillor Fred Nix, asking the provincial government undertake independent third-party clinical research on the health effects of low-frequency noise from wind turbines on nearby residents.

In an interview, Mr. Nix said the motion was largely symbolic, since municipalities have limited authority under the Ontario Green Energy Act.

“This says to the government what a rural municipality thinks,” said Mr. Nix. “They say a safe setback for turbines is 550 metres.

“Do we have a research that says this is safe? I say we don’t.”

While he admitted a motion passed by a single, relatively small municipality bears practically no weight, Mr. Nix was hopeful the message would bring other towns and cities on side and they could make their collective case through the Association of Municipalities of Ontario (AMO) or the Rural Ontario Municipal Association (ROMA).

“There is strength in numbers, he said,” he said. “We will have a lot more powers if we can get more municipalities on our side.”

The outcome of the court hearing is of vital interest to the Whittington Coalition for Our Right to a Healthy Living Environment, the group opposing a 6.9 megawatt wind turbine installation at Mono- Amaranth Townline and 15 Sideroad, in large part because they believe the 550-metre setbacks are inadequate.

But it is of critical interest to the Ontario government itself as it has been relying on a deal with Samsung and a South Korean turbine service proponent to create thousands of industrial jobs while bolstering Ontario’s production of green wind energy.

THIRD FEATURE

SOURCE: Wind Turbine Syndrome News

Art Lindgren, a leader of the effort opposing excessive noise from Vinalhaven wind turbines, suffered a heart attack last night at a board meeting of the Fox Island Electric Cooperative.

Lindgren had been in the midst of an evening presentation about the reporting by Fox Island Electric to ratepayers and ongoing complaints about violations of state noise standards. The informal entity Mr. Lindgren leads—Fox Islands Wind Neighbors—has urged the  State of Maine to enforce the law against Fox Islands Wind, the turbine operator.

At considerable effort, cost, and often under severe weather conditions, Mr. Lindgren mastered complex acoustic measurements, providing data from wind turbines from this rural, quiet area in Maine.

Lindgren was airlifted from Vinalhaven, ten miles from the Maine coast, by LifeFlight helicopter last night after being resuscitated by observers.

He is under treatment at Eastern Maine Medical Center in Bangor, ME.

Art Lindgren, Vinalhaven, ME

Below, a view of a wind turbine from the Lindgren home

Stray voltage an ongoing issue in wind farm areas

By TROY PATTERSON , KINCARDINE NEWS STAFF



Municipality of Kincardine had an education on the effects of stray voltage and electrical pollution caused by area wind power projects last week.

Ripley's David Colling, an expert and electrical pollution tester, has tested over 300 homes and farms within four Ontario wind projects over the last five years.

After working with stray voltage issues on dairy farms, the added issue of wind turbines was a surprise to him when he discovered electrical pollution in nearby homes.

"I never would have believed this would have happened," said Colling regarding the "wind victims" he has come to know.

Working with other experts in Canada and the United States, Colling is convinced many of the issues surrounding wind power health issues stem from either electrical pollution caused by turbines through their distribution system, or the low frequency noise that comes off the blades. He said people from Ripley, Bruce Township and Shelburne have fallen ill to what he called 'Wind Turbine Syndrome' and 'Electrohypersensitivity' caused inaudible noise and "dirty electricity" polluting the electrical systems of homes within range of wind turbines.

He said people have had to shut their power off, or in worst cases move from their homes. In many of these cases those people have been unable to sell their homes.

"We have four empty homes in Ripley due to this," he said, adding the wind company has attempted to resolve the issue by burying power lines but with limited effects.

Colling gave a detailed presentation with photos and figures to back up his claims, along with examples of his electrical tests in the area. He said "Harmonic Distortion' is something that has been acknowledged by wind companies, although they dismiss the other impacts, he said.

"And I know more people out there who are sick," he said. "I didn't ask for this. I just happened to be dropped into an area where it's happening."

Counc. Ron Coristine said he found the presentation "deeply troubling" and said the data should be used to continue the wind power debate in the area.

"As long as there is a debate, it's our responsibility to engage in it," said Coristine. "It's not good enough for us to ignore this. We shouldn't have to be an electrical engineer to protect ourselves from electricity."

Colling said the issues will continue and for council to be mindful, as the area is on an "outdated, overloaded (electrical) system," where this is bound to continue, he said.

1/25/11 UPDATE ON HERE COMES THE JUDGE: All eyes on Ontario as safety of wind developer-friendly setbacks are challenged in court AND The latest on the Wind Farm Strong Arm: Date is set for wind developer's lawsuit against a rural community AND What is wrong with this picture? Our Big Wind video of the day

WHAT'S AT ISSUE WITH GOVERNOR WALKER'S WIND SITING BILL:

 Pictured Above: Setbacks between 400 foot tall wind turbines and homes in a PSC-approved wind project Fond du Lac County Wisconsin. The yellow circles indicate the 1000 foot safety zone around each turbine.

Pictured Below: PSC approved Glacier Hills Wind Project under constrution in Columbia County. In this map from WeEnergies, red dots are turbine locations.  Each yellow circle containing a small red square is a non-participating home.

When they permitted the wind project, the PSC admitted that there were too many turbines around some homes but instead of asking for fewer turbines in those areas they asked the wind company to offer to purchase the homes. They did.

The PSC wind rules allow safety zones to cross property lines and allow a wind company to automatically use a neighbor's land as part of that safety zone. This creates a no-build and no tree planting zone on the property of a non-particpating land owner who must to get permission from the wind company to build a structure or plant a tree on his own land.

Senate Bill 9 helps to correct this problem.

The PSC statewide siting rules are to take effect on March 1st, 2011. They have setbacks of 1250 feet between homes and a 500 foot turbine. The rules allow a wind company to use a non participating landowner's property as a safety setback zone.

Senate Bill 9 increases the setback to 1800 feet between turbines and property lines. If a landowner wants a turbine closer he can enter into an agreement with the wind company. This bill gives some choice and a little more protection to the rural Wisconsin families who have no choice about living beneath the turbines.

PICTURED ABOVE: a map showing the noise level predicted for residents in Invenergy's proposed Ledge Wind Project in Brown County.  The yellow dots are homes. The black dots are wind turbine locations. The World Health Organization says nighttime noise should no louder than 35 dbA for healthful sleep. The deep blue areas indicate predicted turbine noise levels above 50 dbA. The purple areas indicate turbine noise levels of 50dbA.  


SUPPORT SENATE BILL 9: WALKER'S WIND SITING REFORM

Better Plan encourages you to take a moment right now to contact Governor Walker's office to thank him for the provisions in Senate Bill 9, (CLICK HERE TO DOWNLOAD THE BILL) which provides for a setback of 1800 feet between wind turbines and property lines. Let him know you support this bill.

 CONTACT Governor Scott Walker govgeneral@wisconsin.gov
115 East Capitol
Madison WI 53702
(608) 266-1212 

RED ALERT!

It's very important that you contact these key legislative committee members and urge them to support this bill and vote to move it forward. Every phone call and email to these committee members matters.

 Members of the Senate Committee on Judiciary, Utilities, Commerce, and Government Operations.

-Chairman Senator Rich Zipperer (R) Sen.Zipperer@legis.wisconsin.gov
(608) 266-9174   Capitol 323 South

-Vice Chair Senator Neal Kedzie (R)  Sen.kedzie@legis.wisconsin.gov
(608) 266-2635   Capitol 313 South

-Senator Pam Galloway(R)

Sen.Galloway@legis.wisconsin.gov
(608) 266-2502   Capitol 409 South

Senator Fred Risser (D)  Sen.risser@legis.wisconsin.gov
(608) 266-1627   Capitol 130 South

Senator Jon Erpenbach (D)  Sen.erpenbach@legis.wisconsin.gov
(608) 266-6670   Capitol 106 South

 Assembly Committee on Energy and Utilities
 
Representative Mark Honadel (Chair)

(888) 534-0021 (414) 764-9921 (South Milwaukee)
Rep.Honadel@legis.wisconsin.gov

Representative John Klenke (Vice-Chair)

(888) 534-0088 (Green Bay) new
Rep.Klenke@legis.wi.gov

Representative Kevin Petersen

(888) 947-0040 (Waupaca)
Rep.Petersen@legis.wisconsin.gov

Representative Gary Tauchen

(608) 266-3097 (Bonduel)
Rep.Tauchen@legis.wisconsin.gov

Representative Thomas Larson

(888) 534-0067 (Colfax) new
Rep.Larson@legis.wi.gov

Representative Erik Severson

(888) 529-0028 (Star Prairie) new
Rep.Severson@legis.wi.gov

Representative Chad Weininger

(888) 534-0004 (Green Bay) new
Rep.Weininger@legis.wi.gov

Representative Josh Zepnick

(608) 266-1707 (414) 727-0841 (Milwaukee)
Rep.Zepnick@legis.wisconsin.gov

Representative John Steinbrink

(608) 266-0455 (262) 694-5863 (Pleasant Prairie)
Rep.Steinbrink@legis.wisconsin.gov

Representative Anthony Staskunas

(888) 534-0015 (414) 541-9440 (West Allis)
Rep.Staskunas@legis.wisconsin.gov

Representative Brett Hulsey

(608) 266-7521 (Madison)
Rep.Hulsey@legis.wi.gov

And be sure to contact your own legislators and encourage them to support the bill.

Who Are My Legislators?  To find out, CLICK HERE

Senate E-Mail Directory

Assembly  E-Mail Directory

THE LATEST ON THE ONTARIO WIND LAWSUIT:

UPDATED JANUARY 24, 2011

ONTARIO LAWYER CHALLENGES CREDIBILITY OF LEADING WITNESSES IN CHALLENGE TO WIND FARM LAW

Read it at the Source: Ottawa Citizen

January 24, 2010

By Lee Greenberg

TORONTO — An Ontario government lawyer attacked the credibility of three star witnesses in a key legal challenge to the province’s new green energy legislation.

Sara Blake said Dr. Robert McMurtry and two other physicians, who cast doubt on the safety of wind turbines, are not reliable witnesses.

The three are named as experts in the case brought against the government by Prince Edward County property owner Ian Hanna. Hanna and his fellow anti-wind campaigners believe turbines emit low-frequency noise that lead to a range of health problems, including sleep deprivation, stress, chronic depression and even cardiovascular disease.

The case is the first major test of new regulations introduced in September 2009, four months after the province passed its Green Energy Legislation. According to those new rules, wind turbines will have to be placed a minimum of 550 meters from the nearest home.

That “setback” is at the centre of Monday’s court challenge.

Hanna and his backers say the government failed to fully examine the medical studies on the health affects of turbines. The government denies the claim.

Blake says McMurtry, an orthopedic surgeon and former medical school dean who also has advised the federal government on health policy, is neither an expert on the issue of noise emissions nor is he impartial.

He and the other two doctors cited in the court challenge all took an interest in wind turbines because they were being built near their homes, the prosecutor said. (McMurtry, who is the brother of former Ontario chief justice and attorney general Roy McMurtry, owns property in Prince Edward County and is the founding member of an anti-wind group there).

Blake said McMurtry expresses opinions in a deposition that he is not qualified to give.

“This is pure advocacy,” she told a three-member panel at Osgoode Hall in Toronto Monday. “He is not an expert ... It is the belief of a passionate person.”

She also cast aspersions on the study of Dr. Michael Nissenbaum, who concluded people living within 1.1 kilometres of a wind farm in Maine suffered numerous health affects, including hearing problems, increased psychiatric symptoms and overall increased use of prescription medication.

The study is not published and is not peer reviewed, she said.

Eric Gillespie, the lawyer for Hanna and the anti-wind advocacy group behind him, contends that the rule placing turbines 550 meters from the nearest house was made without sufficient scientific evidence.

But under questioning from the three judges hearing the case, Gillespie acknowledged the science is inconclusive on the health effects of turbines.

He also takes issue with the fact that a planning expert — and not a public health expert — reviewed the science on the impacts of turbines.

“On a matter of human health it is not enough to have a land use planner say we considered it,” he said in court.

Gillespie also withdrew a request for an injunction on all new wind farms in Ontario. He is asking the court to strike down regulations laying out the 550-meter setback. It is unclear what sort of temporary regulations would emerge if he is successful in the request.

It is unknown when — if at all — the court will issue a decision on Monday’s one-day hearing.

While the three judges listened to arguments, they are also considering an argument by the attorney general that the case should be sent to an environmental tribunal.

 

Previous story:

The Green Challange

SOURCE: Owen Sound Sun Times

January 24, 2011

Jonathan Sher

Ian Hanna has asked an Ontario court to strike down part of the province's Green Energy Act, enlisting doctors who argue human health was compromised when the act created a buffer of only 550 metres between wind turbines and homes.

* If Hanna prevails, the burgeoning wind industry could grind to a halt until medical studies are done.

* The lobby group for the wind industry has intervened in the case.

* The Ontario government dismisses medical claims as irrelevant and says Hanna doesn't have a legal basis for a challenge.

* Three judges in Toronto will hear evidence Monday and Tuesday.

- - -

Health effects

Several doctors are saying turbines emit low-pitched sounds that disrupt the body's normal rhythms and cause ailments including:

* Headaches

* Irritability

* Problems with concentration and memory

* Dizziness

* Tinnitus

* Rapid heart rate

* Nausea

- - -

'The right thing to do'

Last week Free Press Reporter Jonathan Sher spoke with the Prince Edward County man who sought the judicial review, Ian Hanna, and his Toronto lawyer, Eric Gillespie. Below are excerpts of their conversation:

Q Prior to getting involved with wind turbines had you been involved with environmental issues or activism?

Hanna: No to both questions.

Q You never led petitions before, subscribed to newsletters on environmental issues or tried to interject yourself into public debate?

That's absolutely correct.

Q What things attracted you to move to Big Island from the GTA?

The idea of a more rural atmosphere appealed to us. The openness, the stars, the birds. You have to come here sometime and walk outside on a summer's afternoon. It's just unbelievable.

Q What about adverse health effects of wind turbines?

People appear to be emotionally drained, unable to really function on a calm, natural basis. We know people can't sleep properly at all when they are close to industrial wind turbines . . . They appeared to be very tortured by the effects.

Q Why did you continue to pursue the case even though your home and Big Island no longer in harm's way?

Because it's the right thing to do. I have three children who if I gave them nothing else . . . I think I at least gave them the strength or assisted them with gaining the strength to stand up for what they believe in and for what's right.

Q How has the legal action been financed?

We put every cent we could put in to it so far and if we have to put more, we'll find it . . . 100% of the money that's been contributed has come from people just like us, other families all over Ontario . . .

Q How much has been raised so far? Ballpark?

Close to $200,000

Q How are you feeling as you head toward the hearing in Toronto?

I'm excited, I'm confident, I'm grateful for the incredible capable way it's been handled . . . and to be really fair I'm exceedingly sad and disappointed . . . It's all been based on facts and realities and truths coming from just regular people like myself who have no axe to grind with anybody beyond the fact that we're frightened by the potential of this, yet, the other side has done one thing and one thing only: They've circled their wagons.

WIND ON TRIAL

A burgeoning billion-dollar industry and the political fortunes of Dalton McGuinty's Liberals may turn on a legal challenge by a single man whose day in court arrives Monday.

Ian Hanna lives far away from the corridors of power in Queens Park and Bay Street in a century-old farmhouse on Big Island in Prince Edward County. But Monday he finds himself in the epicentre of a debate that could shape the economic future of the province and the political fate of the ruling Liberals.

It's a fight over wind turbines that have been rising across Ontario with ever greater frequency, an industry the Liberal government has subsidized with plans to double its energy capacity in this year alone.

But those plans in Queens Park -- really the heart of the Green Energy Act -- were placed in judicial crosshairs 15 months ago. That's when Hanna, 58, challenged a provision that creates a buffer of only 550 metres between turbines and homes.

Several doctors have lined up behind Hanna's challenge, saying turbines emit low-pitched sounds that disrupt the body's normal rhythms and cause ailments including headaches, tinnitus, dizziness, nausea, rapid heart rate, irritability and problems with concentration and memory.

Those concerns have been dismissed as irrelevant by lawyers representing the Ontario government, who instead will try to convince three judges in Toronto that Hanna doesn't have a legal basis for his claim -- that there is no provision in the Green Energy Act itself or elsewhere that allows a citizen to challenge a regulation.

The dismissive approach concerns Hanna's lawyer Eric Gillespie.

"That's been a significant concern for all the experts that are part of this process on behalf of Mr. Hanna. These are medical doctors from Ontario, the United States and England, all of whom have seen what they believe to be first-hand sufficient evidence to say that industrial wind turbines do pose a very real risk to residents," Gillespie said.

Gillespie is an environmental lawyer who cases include one that landed a $36-million award since appealed.

The government's decision to object solely on procedural grounds worries the wind industry that over the next 20 years has planned about $20 billion in investments that would be subsidized by Ontario taxpayers.

A lawyer for the Canadian Wind Energy Association declined to comment about Hanna's case but did provide a copy of its written arguments.

An Ontario Environment Ministry spokesperson defended the Green Energy Act.

"Our process is based on science, modelling and jurisdictional comparisons. It will be protective of public health and the environment," Kate Jordan said.

Read more about the Ian Hanna Legal Challenge:

Application for Judicial Review against the Ontario government goes to court Jan. 24-25

CLICK HERE for Donation Information

Second Feature:

JUDGE SETS ECOGEN, PRATTSBURGH HEARING

SOURCE Bath Courier, www.steubencourier.com

January 23, 2011

By Mary Perham,

Prattsburgh, NY — A court hearing has been set for Jan. 27 to learn more details about the events behind a year-long lawsuit between the town of Prattsburgh and a wind farm developer.

The hearing will resolve some issues and lead to a final decision in the dispute between the town and the developer, Ecogen, according to state Supreme Court Justice John Ark.

Ark wants sworn testimony from former town officials, including Attorney John Leyden and Supervisor Harold McConnell, Ecogen representatives and other town officials.

Questions appear to pinpoint Ecogen’s contention that it has been ready to set up 16 turbines for more than two years and questions Ecogen’s claim it had “vested rights” by late 2008.

Ecogen also claims board members have stymied the builder’s efforts to proceed with the project.

“Which is funny, when they’re on record telling the Town of Italy, Prattsburgh has been very cooperative throughout,” said Prattsburgh’s attorney Ed Hourihan.

Hourihan said the town is pleased to see the judge has narrowed the issues to “specifically pin down Ecogen’s ever changing position. Since this litigation has started, Ecogen had changed its position so many times its hard to tell what is the truth.”

Hourihan said he will question the witnesses and can present evidence proving any testimony is incorrect.
Last fall Ark said he was close to a decision in the case, but urged Ecogen and the town to meet and find an out-of-court compromise.

Town officials offered to provide other sites for the proposed turbines, but Ecogen maintained the December 2009 agreement was binding and refused to compromise.

An offer to meet with Prattsburgh by Ecogen’s parent company, Pattern, apparently fell through last month, current town Supervisor Al Wordingham said.

Wordingham said he called Pattern representative John Galloway just before Christmas to follow up on several phone conferences and a plan to meet.

“He told me he had some internal issues to resolve,” Wordingham said.

Galloway has not returned his final call, Wordingham told residents at the town board meeting Monday night.

“And we still don’t have their final site map,” Wordingham said.

In related action, the board held a public hearing on extending their moratorium on tower construction another six months. Several residents said they supported the moratorium, although they thought six months was too long.

The board will vote on the moratorium during their regular Feb. 22 meeting.

FROM OUR 'WHAT IS WRONG WITH THIS PICTURE?' VIDEO FILE-- Or Why aren't those turbines turning?

AND: What they're finding out about big wind in Taiwan