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.

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

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 

It's also very important that you contact these key Senate committee legislators 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

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

NOTE FROM THE BPWI RESEARCH NERD:

An important official document regarding a landmark wind lawsuit about to take place in Canada has now been made public. (Click here to download)  This 'factum- ( statement of facts in a controversy or legal case)  includes conclusions from three medical doctors who have studied the issue of industrial scale wind turbine's effect on human health.

(If you'd like to contribute to this Ian Hanna's legal fund, CLICK HERE or CLICK HERE to visit Wind Concerns Ontario to find out more about it)

From Page 6

Based on the available science Dr. Robert McMurtry has concluded:

a. persons living within close proximity (1.5 to 2 km) of IWTs are experiencing adverse health effects. In many cases these effects are significant or severe;

b. these adverse health effects have a common element, medically referenced as annoyance, which manifests itself in various ways including difficulties with sleep initiation and sleep disturbance, stress and physiological distress.

Stress and sleep deprivation are well known risk factors for increased morbidity including significant
chronic disease such as cardiovascular problems including hypertension and ischemic heart disease;

c. none of the existing regulations or guidelines have been developed based on evidence related to these types of adverse health effects, as this type of evidence has yet to be produced; and

d. there is a need to complete additional research, including at minimum one or more longitudinal epidemiological studies in regard to the foregoing types of adverse health effects in the environments of IWTs.

28. Based on his broad experience in health policy, based on his research, based on his knowledge as a physician addressing many of the same types of adverse health effects, as well as having clinically examined many individuals exposed to IWTs, he has concluded:

a. scientific uncertainty exists regarding impacts to humans from IWTs;

b. no studies conducted to date have been sufficiently rigorous so as to resolve this uncertainty; and

c. in light of this uncertainty, the precautionary principle directs that it be resolved prior to setting regulatory standards and/or proceeding with further development of IWT projects in close proximity to human populations.

From page 9 

Dr. Christopher Hanning has also extensively researched the literature on sleep disturbance secondary to noise from industrial wind turbines. His conclusions are as follows:

a. Generally, it is recognized by all responsible health bodies including the World Health Organization (“WHO”) that adequate refreshing sleep is necessary for human health.

Sleep deprivation causes fatigue, sleepiness, impaired cognitive function and increases the risk of obesity, diabetes mellitus, hypertension and cardiovascular disease and cancer. Disturbed sleep is, in itself, an adverse health effect.

b. The effect of noise in causing sleep disruption through arousals has been recognized for many years and is acknowledged in the WHO documents.

c. There are sufficient cases and commonality of symptoms to conclude IWTs can and do adversely affect health and sleep. This conclusion is shared by many others.

d. In addition, there are several studies which confirm that sleep disruption occurs at distances considerably greater than 550 meters and at external noise levels considerably less than those permitted by the GEA and Regulation. As well, no reduction in permitted night time noise levels is required contrary to established practice.

e. There is good evidence that the impulsive noise emitted by wind turbines is considerably more annoying than traffic and aircraft noise at equivalent sound levels.

There is some evidence that the impulsive noise characteristic of wind turbines is more likely to disturb sleep than a more constant noise.

The precautionary principle would require that more stringent restriction of wind turbine noise be implemented until safe limits have been established

There is evidence that low frequency noise may have a particularly disturbing effect on sleep. IWTs are known to generate low frequency sound. Safe limits have not been established and the precautionary principle would require that more stringent restriction of wind turbine noise be implemented until safe limits have been established.

31. The Ministry has acknowledged that much of the information relied upon by Dr. Hanning
to inform his conclusions regarding IWTs was known to the Ministry at the time the Regulation
was being considered.

FROM PAGE 10

D. THE EVIDENCE OF DR.MICHAEL NISSENBAUM

i. Qualifications

32. Dr. Michael Nissenbaum is a graduate of the University of Toronto Medical School with post-graduate training at McGill University and the University of California. He is licensed to practice medicine in Ontario, Quebec and the State of Maine.

33. He is a specialist in diagnostic imaging, whose work involves developing and utilizing an understanding of the effects of energy deposition, including sound, on human tissues. He is the former Associate Director of Magnetic Resonance Imaging at a major Harvard hospital, a former faculty member (junior) at Harvard University, a Director of the Society of Wind Vigilance and published author.

34. He developed an interest in the health effects of wind turbine projects after becoming aware of complaints related to an industrial wind turbine installation in Mars Hill, Maine. Dr. Nissenbaum performed a simple public health study cataloguing the types and incidences of symptoms among twenty two (22) people living within 1,100 meters of a linear arrangement of 1.5 MW industrial wind turbines. They were compared to a control group of twenty seven (27) people living beyond the area impacted by turbine noise.

35. The design of the study can be termed a ‘controlled cross sectional cohort study’. Its goal was to compare the health changes following the start of turbine operations. The study is important because it is believed to represent the first controlled study of adverse health effects attributed to industrial wind turbines.

36. This pilot study was undertaken as a public health service in order to report findings to the Public Health Subcommittee of the Maine Medical Association. Preliminary results were presented to the Maine Medical Association in March of 2009 and completed in May of 2009.

ii. Conclusions

37. Dr. Nissenbaum has concluded that there is a high probability of significant adverse health effects and consequent high level of concern for those within 1100 meters of a 1.5 MW turbine installation based upon the experience of the subject group of individuals living in Mars Hill Maine. These health concerns include:

a. Sleep disturbances/sleep deprivation and the multiple illnesses that cascade from chronic sleep disturbance. These include cardiovascular diseases mediated by chronically increased levels of stress hormones, weight changes, and metabolic disturbances including the continuum of impaired glucose tolerance up to diabetes.

b. Psychological stresses which can result in additional effects including cardiovascular disease, chronic depression, anger and other psychiatric symptomatologies.

c. Increased headaches.

d. Auditory and vestibular system disturbances.

e. Increased requirement for and use of prescription medication

READ THE WHOLE DOCUMENT BY CLICKING HERE

News story about the document:

 Wind power case may cloud industry’s future

SOURCE: CTV.CA

January 24, 2010

RICHARD BLACKWELL

A panel of Ontario Divisional Court judges will begin hearing a challenge today that, if successful, could throw a wrench into the province’s burgeoning wind power industry.

The case, brought by Ian Hanna, a resident of Prince Edward County, 200 kilometres east of Toronto, argues that regulations in Ontario’s Green Energy Act, governing how far turbines must be from houses, are illegal. If the court agrees, new wind development could come to a standstill.

The case will also be an opportunity to air the views of those who feel wind turbines are unhealthy. Mr. Hanna’s argument is based on the premise that the minimum setback in Ontario – 550 metres – does not take into account the possible negative impacts to human health that turbines may cause.

Essentially, he argues, there is no medical evidence that the setback is safe, and that by publishing its regulations without sufficient proof, the province has breached the “precautionary principle” in its own environmental bill of rights. That principle says the government has to show an activity is safe before it is approved.

Indeed, Mr. Hanna’s court filings say, the government knew there was literature that raises concerns about turbines, and spells out that not enough was known to settle the setback issue.

A court victory, said Mr. Hanna’s lawyer Eric Gillespie, would essentially put a moratorium on building any new wind farms in Ontario. That would be a huge victory for wind farm opponents, who say there need to be far more studies done on health impacts. “If the court determines that [Ontario] has insufficient science to support its decision, then governments, the wind industry and communities will have to look very closely to determine in a more scientific way where industrial wind turbines should be located,” Mr. Gillespie said.

Increasingly, opponents have been protesting the spread of wind turbines, insisting that they cause health problems and calling for more detailed studies before the devices become even more ubiquitous. Both sides have cranked up the rhetoric recently; last week, one anti-wind group complained that a wind farm developer had called it a “group of terrorists.”

To support his client’s case in court, Mr. Gillespie will present evidence from three physicians who say turbine noise and vibration can cause high stress, sleep deprivation and headaches among people who live near them.

The government argues, in a document filed with the court, that the doctors’ conclusions are suspect, and that it reviewed all the literature available on the issue, and held public consultations before creating the guidelines.

It also says that complaints about possible health effects from turbines come from a small number of people, while the government’s role is to try to clean the air for all residents of Ontario by shifting to renewable power.

There is “no conclusive evidence that wind turbine noise has any impact on human health,” the government filing states. Available information suggests a 550-metre setback is adequate, it adds, and that that distance is “clearly conservative,” given the existing studies. It dismisses the data about health problems as “anecdotal hearsay.”

The government also argues that a new environmental review tribunal set up under its Green Energy Act is the right place to air health issues, not the provincial court.

Dianne Saxe, a Toronto lawyer who specializes in environmental issues, said she would be very surprised if Mr. Hanna wins his case. She said he is stretching the precautionary principle beyond what it actually covers. And the government “should have no trouble at all proving that it considered the health concerns of the anti-wind activists, because they were very vocal,” even appearing at legislative committee meetings, she said.

Ms. Saxe thinks it is likely the court will deal only with the narrow legal aspects of the case and not make any substantial ruling on the health effects of wind turbine placement.

Ian Hanna Legal Challenge:

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

Donation Information

SOURCE: NY Times - Turbine-Free Wind Power 

TODAY'S  EXTRA CREDIT READING RECOMMENDATIONS:

What about those wind industry jobs?

COMMUNITIES FACE PROS AND CONS OF WIND PROJECTS

SOURCE Observer-Dispatch, www.uticaod.com

January 22, 2010

"During the construction phases, dozens of jobs can be created by these towering turbines that have popped up in Fairfield and Norway and are being considered in Litchfield.

But after the project is completed, most of the jobs disappear.

Municipalities considering wind farms are left to decide: Are short-term construction jobs and a few permanent jobs worth it for the other effects of the developments?

“Wind projects can be a significant contributor to economic activity,” said Eric Lantz, a research analyst for the U.S. Department of Energy’s National Renewable Energy Lab. “But if you live in a moderate-sized town, it’s probably not going to revolutionize your area.” CLICK HERE TO KEEP READING

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.

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

It's also very important that you contact your legislators and encourage them to support the bill.

Who Are My Legislators?  To find out, CLICK HERE

Senate | Members | E-Mail Directory

Assembly | Members | E-Mail Directory

 

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