Vestas Could Not Get High Court to Believe Their Lies…..Forced to Compensate Victims!

Danish High Court Orders Compensation for Wind Turbine Noise Victims

when-is-wind-energy-noise-pollution

In Denmark struggling fan maker Vestas is synonymous with the Danish wind industry.

In Australia, and elsewhere, Vestas went on a propaganda rampage last year with its “Act-on-Facts” campaign aimed at counteracting known and obvious facts (to anyone with half-a-brain – that is) with crackers such as the wind is NOT intermittent; families with young children can’t wait to have a swag of V112s go up in their back yard to help their young ones sleep; power consumers are delighted with paying 4 times the cost of conventional power for wind power; and are even happier to be paying $2,000 per MW/h and over the Moon to be paying $12,500 per MW/h for peaking power when wind power goes AWOL 100s of times each year – instead of the usual $40.

One other “fact” trotted out to excuse the criminal harm caused by Vestas and Co is that wind turbines are quieter than a fridge at 500m.  In the Clean Energy Council version – the furphy asserts that the noise measured at ANY distance from a turbine is the same as that being measured at a distance of 500m FROM an operating refrigerator.  Here’s Matt Warren – formerly of Wind Energy Australia (aka the Clean Energy Council) making it very clear he’s comparing the noise of a giant industrial wind turbine at ANY distance with the noise FROM a fridge at 500m. For a comparison with a fridge at 500m – see our post here.

It seems that Vestas pulls back on the spin in its home territory and claims that the noise from a turbine at a distance of 500m is the same as a fridge (presumably with measurements taken right next to the fridge) (see our post here).

It seems that Danish fridges must be powered by industrial diesel engines, as the Danish High Court has just slammed Vesta’s ludicrous claims about the noise generated by its turbines matching kitchen appliances, in a case brought by affected neighbours.

The Danish High Court ordered that Vesta’s victims were entitled to Dkr 500,000 (A$93,439) in compensation for the substantial reduction in the value of their home, caused by incessant turbine noise: smashing another well-worn wind industry myth that turbines don’t impact on property values.

High Court rules on compensation for noise from wind turbines
International Law Office
Søren Stenderup Jensen
1 September 2014

Legal Denmark

The judgment is significant as it granted compensation after the erection of the wind turbines. This is contrary to the main rule in the Promoting Renewable Energy Act; however, both the city court and the high court found sufficient legal authority under the act to admit the claim after the erection of the wind turbines.

Background

Depending on their location, wind turbines can cause noise, visual interference and light reflections.

These issues are governed by public and private law, including neighbour law. The main rules regarding noise from wind turbines can be found in Executive Order 1284 of December 15 2011 on wind turbine noise, issued pursuant to the Environmental Protection Act. To some extent, the order safeguards neighbours from noise inconvenience by establishing maximum noise levels from wind turbines in outdoor areas. The noise limit varies depending on the surroundings.

Wind turbines may also cause visual interference which may negatively affect the value of surrounding properties. Thus, the location of wind turbines on land has proved a difficult political issue for years. Every municipality supports the idea of more wind turbines – just not within its own borders.

In order to promote local support for wind energy projects, the Parliament passed the Promoting Renewable Energy Act, which establishes a compensation scheme for neighbours of wind turbines. Under the scheme, those who build one or more wind turbines are obliged to compensate their neighbours for any reduction in property value that the wind turbines may cause, regardless of whether the wind turbines accord with the necessary permits.

The compensation scheme departs from the court-based neighbour law in that it does not operate with a tolerance limit which the neighbour must prove has been exceeded.

The starting point is that the issue of compensation must be settled before the wind turbines are built. However, the Promoting Renewable Energy Act does allow neighbours to claim compensation in certain circumstances thereafter. The competent authority to deal with claims for compensation is the assessment authority set up by the act.

Compensation granted to neighbours under the act has been relatively low so far.

Facts

In a recent case before the High Court for Western Denmark the plaintiffs had been awarded Dkr250,000 in compensation for the erection of eight wind turbines by the assessment authority. They brought the matter before the courts seeking higher compensation.

Before the erection of the wind turbines, an environmental study had concluded that the noise level at their property would amount to 38.8 decibels at wind speeds of 12 knots and 40.9 decibels at wind speeds of 16 knots.

Before the city court, a court-appointed expert stated that the reduction in the value of the property amounted to between Dkr600,000 and Dkr800,000. The city court also arranged a visit to the property.

Where the assessment authority found that the plaintiffs’ property would be subject to limited noise pollution, the city court found the level to be more significant. The court further ruled that the plaintiffs had documented their loss of value at Dkr600,000 and thus awarded them an additional Dkr350,000.

Finally, the court held that the plaintiffs had suffered no other economic loss covered by the Promoting Renewable Energy Act. In particular, the court held that the fact that the wind turbines had been erected with all necessary permits prevented the plaintiffs from claiming compensation under neighbour rules.

The High Court for Western Denmark upheld the city court’s judgment, but fixed the compensation at Dkr500,000 because, among other things, there were certain deficiencies in the masonry of the house. However, the court also considered the findings of the court-appointed expert witness who had seen the plaintiffs’ house after the erection of the wind turbines – which the assessment authority had not done – as well as the city court’s own observation of the property. Finally, the court ruled that the Promoting Renewable Energy Act does not restrict the courts’ competence to review decisions from the assessment authority.

Comment

The judgment is significant as it granted compensation after the erection of the wind turbines. This is contrary to the main rule in the Promoting Renewable Energy Act; however, both the city court and the high court found sufficient legal authority under the act to admit the claim after the erection of the wind turbines.

Moreover, both courts paid considerable attention to the evaluation of the court-appointed expert. While this is quite normal in Danish case law, it is unusual in cases where an authority such as the assessment authority has previously dealt with the matter.

Finally, the high court paid attention to the city court’s own observations of the property. It is quite unusual to see such a reference to the observations of a lower court in a higher court’s grounds of judgment.

The judgment gives cause for optimism to those who intend to challenge decisions of the assessment authority under the Promoting Renewable Energy Act. From a procedural point of view, it seems to be important for the court to see the property at issue to form its own opinion of the level of noise pollution caused by wind turbines.
International Law Office

Wind energy in Denmark : wind turbines in Holstebro , Westjutland

 

Health Authorities in Ireland, Admitting Wind Turbine Syndrome is Real.

Health authorities admit ‘wind turbine syndrome’ is real.

 March 06, 2014 by: J. D. Heyes

(NaturalNews) An Irish health official has warned that people who live near massive wind turbines of the sort used to generate electricity run the risk of having their physical and psychological health compromised.

According to a report in the Irish Examiner newspaper, the official — Dr. Colette Bonner — says further that people who are at risk of the controversial wind turbine syndrome need to be treated “appropriately and sensitively as these symptoms can be debilitating.”

As the paper reported:

Following a review of international research on the health effects of wind turbine noise, the Department of Health’s deputy chief medical officer concluded that wind turbines are not a threat to public health, but “there is a consistent cluster of symptoms related to wind turbine syndrome which occurs in a number of people in the vicinity of industrial wind turbines”.

What is wind turbine syndrome?

It is supposedly a condition suffered by people living within earshot of the noise made by wind turbine blades as they spin round. The blades are known to make infrasounds, vibrations that we cannot consciously “hear” but still have an effect on the inner ear, Breitbart News reported. Symptoms include fatigue, dizziness, headache, difficulty concentrating and insomnia.

Irish official first ranking expert to give ‘syndrome’ legitimacy

A letter that reporters and editors of the paper claim to have seen tells how, in a review sent by Bonner to the country’s Department of Environment in November, “there are specific risk factors for this syndrome and people with these risk factors experience symptoms.”

“These people must be treated appropriately and sensitively as these symptoms can be very debilitating,” she added, according to the Irish daily.

Experts have disagreed on whether wind turbine syndrome is real or if it is merely a psychological concoction in response to anguish over not wanting to live near a turbine wind farm.

Bonner “has been quoted in a variety of policy proposals related to noise and set back distance, advising Minister Jan O’Sullivan regarding revisions to 2006 standards that ‘there is a consistent cluster of symptoms related to wind turbine syndrome which occurs in a number of people in the vicinity of industrial wind turbines,'” writes Hank Campbell at Science 2.0. “Well, that’s epidemiology right there. You can find almost anything if you try. We have had similar claims in the US, about self-reported mental health issues after wind turbines went up, especially among people who were against the turbines in the first place.”

Following her review, the Irish Department of Health’s Food and Environmental Health Unit wrote a letter to the Department of the Environment asking officials there to consider hiring more experts to further study the health effects of wind turbine syndrome.

The Department of the Environment, however, has dismissed Bonner’s literature review as “preliminary,” adding that it was “not a recommendation of the Department of Health.”

Not everyone is signing on just yet

The Department of Environment is currently conducting a review of the 2006 Wind Energy Development Guidelines, the Irish Examiner reported.

Meanwhile, the Department of Health has said that the deputy CMO’s comments “did not constitute expert advice” but rather were “a general overview of the literature in this area.”

The department went on to confirm that a “range of symptoms have been described by people living close to wind turbines mainly related to general environmental noise exposure.”

“These symptoms include headache, irritability, difficulty concentrating, fatigue, dizziness, anxiety and sleep disturbance, and are often described in relation to annoyance,” a spokesman, who was note named, told the paper.

“Anyone who experiences such symptoms should seek medical advice from their family doctor, who may be able to prescribe suitable medication,” the spokesman continued.

Campbell added sardonically: “They may not be great for people but they sure are terrible for bats and birds. But they can’t hire paid lobbyists, so I bet wind turbines are here to stay.”

Sources:

http://www.breitbart.com

http://www.irishexaminer.com

http://www.science20.com

Learn more: http://www.naturalnews.com/044196_wind_turbine_syndrome_health_authorities_mysterious_illness.html#ixzz3CrreQuOC

Keep Roof Top Solar, (Domestic), and get rid of Wind Turbines….BRILLIANT IDEA!

Angus Taylor: Coalition set to kill the wind industry, while supporting rooftop solar

divide-and-conquer2

With the wind industry reeling after the RET review panel delivered its recommendation to slam the door shut on any more wind farms (see our post here), it’s sought to whip up support for the mandatory RET by enlisting the usual band of useful Marxist idiots (like GetUp! and 350.org) to rally a band of imaginary troops (apparently ready to die on the barricades); and to rattle cans to fund super-shrill ad campaigns. What’s that they say about “astro-turfing”?

What the wind industry has counted on (so far) in its attempt to retain the RET, is support from the solar industry; and its many satisfied customers.

The wind industry and its parasites like to shelter under the same umbrella as the solar boys: blancmanging the two very distinct animals under the “renewables” tagline.

There are, however, a number of key distinctions between the wind industry and domestic (rooftop) solar. The differences are significant, have political consequences, and the Coalition government is alive to them.

Installing rooftop solar has created a big number of specialist installers (mostly electricians and panel fitters) who way outnumber the handful of permanent jobs created in the wind industry. This band (numbering some 18,000) work for, or operate, hundreds of small businesses across Australia; and, therefore, have the potential of becoming very vocal regarding any threat to the small scale renewable energy scheme (SRES) – which doles out subsidies for rooftop solar.

The RET review panel delivered a recommendation that the SRES should be scrapped immediately. However, STT hears that (for reasons that follow) the Coalition are not going to follow that recommendation.

Unlike the wind industry, rooftop solar has lots of friends and no real enemies.

Were the Coalition to cut the SRES, thousands of solar installers would immediately face an uncertain future: no doubt, many would lose their jobs. There are thousands of panel installers who are currently employed or who own business built on the SRES – all feel threatened – and have been lobbying Coalition members for a retention of the SRES.

In suburban Australia, rooftop solar has become an aspirational good – with families planning their next home (or new home) with panels; or otherwise hoping to take up rooftop solar in order to reduce their spiralling power bills. To an extent, given the massive take-up of rooftop solar to date, getting solar panels has become a game of “keeping up with the Jones”.

So, between thousands of rooftop solar installers and tens of thousands of families who see solar panels as a right of household passage (all of them potential Coalition voters), the Coalition faces a serious loss of political capital were it to chop the SRES (as recommended by the panel).

The wind industry, on the other hand, has very few friends and lots of enemies (see our posts here and here). Its “friends” are panicky investors and died-in-the-wool Labor and Green voters (predominantly inner city trendies from the hard-green-left) who would never vote for the Coalition in a fit. Pandering to this lot has no political upside for Tony Abbott and his team.

The wind industry was brought to life by the Large-Scale RET (LRET). The RET review panel has recommended that the current target set by the LRET of 41,000 GWh be slashed and that the scheme be closed to new entrants from here on.

STT hears that the Coalition, starting with Tony Abbott, is all set to follow that recommendation. While Environment Minister, Greg Hunt has been working flat-out in the media, touting claims that the Coalition supports a real 20% target, he couldn’t be more isolated from his own party than if he were Robinson Crusoe. STT hears that, for his recent efforts, young Greg is about to have his wings clipped by the Head Boy (as soon as he returns from his trip to India).

Unlike rooftop solar and the SRES, were the LRET scaled back and closed to new entrants hardly any current wind industry jobs would face immediate threat.

In the wind industry, most of the jobs involve the fleeting work created during wind farm construction (see our post here). Australia doesn’t manufacture wind turbines: every single one of them has been imported from Denmark, India, Germany and China.

In Australia, wind farm construction is almost at a standstill: “investment” in the construction of wind farms went from $2.69 billion in 2013 to a piddling $40 million this year (see this article). So it’s not as if thousands of currently employed construction workers will lose their jobs as a result of changes to the LRET.

As to the few permanent jobs created by the wind industry, most of these involve the repair and maintenance of turbines (changing oil, changing over gearboxes, bearings etc); and these jobs are not under immediate threat – turbines put up in the last decade will continue to need repairs (and more so, as time passes).

Employment in the wind industry is all about what might be; rather than what is. With hardly any jobs under immediate threat, the Coalition has little political capital to lose and much to gain in following the panel’s recommendations regarding the LRET.

The SRES is estimated to cost a further $1.5-2 billion, which is chickenfeed compared to the future cost of the LRET. The wind industry has been, and would be, the only practical beneficiary of the LRET; and stands to reap a further $50 billion in subsidies via the REC Tax levied on all Australian power consumers (see our post here).

From a political perspective then, the options are a “no-brainer”: keep the SRES and kill off the LRET.

By closing off any threat to rooftop solar, the Coalition avoids a battle that it’s likely to lose – and also allows it to target the wind industry standing all on its lonesome.

In the battle to “win hearts and minds” over the fate of the RET, the wind industry has used the solar industry as a kind of “human shield”: avoiding political flack by hiding behind a sea of suburban solar panels; the hundreds of small businesses that install them; and the mums and dads that own (or want to own) them.

With the Coalition coming out in support of the SRES, the political “stink” being kicked up by the solar lobby will simply fade away – and the wind industry will lose its “solar shield”. Oops!

Leading the Coalition’s charge to maintain the SRES (and government support for rooftop solar); and to kill the wind industry (by following the panel’s recommendation on the LRET) is STT Champion, Angus “the Enforcer” Taylor. Here’s a piece Angus penned for the Australian Financial Review, outlining the Coalition’s shift on renewable policy.

Time to get rational about the RET (Renewable Energy Target)
Australian Financial Review
Angus Taylor
4 September 2014

Now that the renewable energy target (RET) review panel has published its findings, it is time to focus on home truths and explode some myths relating to renewables.

As politicians’ inboxes fill with carefully crafted messages from vested interests with huge dollars at stake, it is important to keep a grip on the facts.

First, we need to remember that, strictly speaking, there is no RET. In fact, there are two schemes. The large scale renewable target (LRET) focused mostly on wind, and the small scale renewable energy scheme (SRES), focused mostly on roof-top solar. Many renewables interests, particularly the wind industry, want to confuse the two, because roof-top solar has far more mainstream political support than other renewables. However, the review made quite different recommendations for the two, and the government will need to announce different policies for each scheme.

Second, the review and other recent work showed that there are many cheaper carbon abatement options than renewables. We should not forget that the purpose of the exercise is to reduce carbon emissions, not to build an industry. If an industry emerges out of our efforts to reduce emissions, then well and good, but industry pork-barrelling has not been an aspiration of this government.

Deloitte tells us that we all wear these costs, but the least well-off are hardest hit by higher retail electricity prices, as with the carbon tax. Investment is not a free lunch, and bad investment reduces productivity, wages and jobs, despite all the talk about green jobs. Deloitte’s estimate is that the cost is 5000 jobs and over $1250 in lost earnings for the average Australian.

A FLAWED TARGET

Third, it is now very clear that the 20 per cent renewable target was flawed. In an atrocious decision, the former government decided to translate the 20 per cent target into 45,000 GWh of new capacity, allocating 41,000 of the target to large-scale schemes. This was based on ridiculously optimistic views of electricity demand growth and effectively eliminated demand risk for the renewables industry – a risk that other businesses face every day. In reality, electricity demand has been going backwards, not forwards. The forecaster responsible for the current target, AEMO, has done some serious soul searching and will need to do more.

Fourth, according to the spin from the renewables sector, the schemes are costless, because of a magical impact on wholesale electricity prices. No serious economist agrees that these schemes are costless. The review estimates the cross-subsidy to be $22 billion, and the only serious work done on economy wide impacts (Deloitte again) put that at $29 billion.

The critical question is who wears these costs. In reality, they are shared between electricity consumers (via higher electricity bills), electricity generators and the broader economy. The renewables industry likes to imagine that household bills will not go up, but the review rejects that argument, particularly in the next five years. Of course, if the cost of renewables drops in the longer term – which would be a great thing – then subsidies are no longer necessary.

INVESTMENTS IN GOOD FAITH

Finally, the review panel recognised the legitimate claim from the renewables industry that past investments were made in good faith, and those investments should be protected from changes to the LRET or the SRES. At the same time, non-renewable generators invested in good faith, and have had to wear a massive increase in capacity while demand has shrunk. We shouldn’t forget that many of the shareholders in these companies are mum and dad investors.

As a result of these competing considerations, the panel rightly recognised the need to scale back the LRET to reduce the massive subsidies to the wind industry, while simultaneously protecting past investment. The review offers two options that will strengthen the economy and reduce electricity prices in time, while maintaining a commitment to large scale renewables.

The prospects for solar are quite different and are positive. The SRES is planned to be phased out in coming years and is responsible for a fraction of the renewable subsidies, but much political noise. In the absence of new hugely expensive state-based feed in tariffs, solar’s future is hitched to its ability to cash in on the excessive network charges in electricity bills. We should support that goal.

Vigilance with the facts and measured policy debate will ensure noisy vested interests don’t subvert the national interest.

Angus Taylor is the federal member for Hume.
Australian Financial Review

Angus Taylor

Danish High Court Raises Amount of Compensation Set for Victims of Wind Turbine Noise!

Compensation for noise from wind turbines: precedent-setting court decision in Denmark

The High Court for Western Denmark sets compensation over and above the amount assessed by the government.

By Søren Stenderup Jensen

Søren Stenderup Jensen
Søren Stenderup Jensen

The judgment is significant as it granted compensation after the erection of the wind turbines. This is contrary to the main rule in the Promoting Renewable Energy Act; however, both the city court and the high court found sufficient legal authority under the act to admit the claim after the erection of the wind turbines.

“Moreover, both courts paid considerable attention to the evaluation of the court-appointed expert. While this is quite normal in Danish case law, it is unusual in cases where an authority such as the assessment authority has previously dealt with the matter.

“Finally, the high court paid attention to the city court’s own observations of the property. It is quite unusual to see such a reference to the observations of a lower court in a higher court’s grounds of judgment.

“The judgment gives cause for optimism to those who intend to challenge decisions of the assessment authority under the Promoting Renewable Energy Act. From a procedural point of view, it seems to be important for the court to see the property at issue to form its own opinion of the level of noise pollution caused by wind turbines.”

International Law OfficeSeptember 1, 2014DenmarkDanmark

High Court rules on compensation for noise from wind turbines

By Søren Stenderup Jensen

Background

Depending on their location, wind turbines can cause noise, visual interference and light reflections.

These issues are governed by public and private law, including neighbour law. The main rules regarding noise from wind turbines can be found in Executive Order 1284 of December 15 2011 on wind turbine noise, issued pursuant to the Environmental Protection Act. To some extent, the order safeguards neighbours from noise inconvenience by establishing maximum noise levels from wind turbines in outdoor areas. The noise limit varies depending on the surroundings.

Wind turbines may also cause visual interference which may negatively affect the value of surrounding properties. Thus, the location of wind turbines on land has proved a difficult political issue for years. Every municipality supports the idea of more wind turbines – just not within its own borders.

In order to promote local support for wind energy projects, the Parliament passed the Promoting Renewable Energy Act, which establishes a compensation scheme for neighbours of wind turbines. Under the scheme, those who build one or more wind turbines are obliged to compensate their neighbours for any reduction in property value that the wind turbines may cause, regardless of whether the wind turbines accord with the necessary permits.

The compensation scheme departs from the court-based neighbour law in that it does not operate with a tolerance limit which the neighbour must prove has been exceeded.

The starting point is that the issue of compensation must be settled before the wind turbines are built. However, the Promoting Renewable Energy Act does allow neighbours to claim compensation in certain circumstances thereafter. The competent authority to deal with claims for compensation is the assessment authority set up by the act.

Compensation granted to neighbours under the act has been relatively low so far.

Facts

In a recent case before the High Court for Western Denmark the plaintiffs had been awarded Dkr250,000 in compensation for the erection of eight wind turbines by the assessment authority. They brought the matter before the courts seeking higher compensation.

Before the erection of the wind turbines, an environmental study had concluded that the noise level at their property would amount to 38.8 decibels at wind speeds of 12 knots and 40.9 decibels at wind speeds of 16 knots.

Before the city court, a court-appointed expert stated that the reduction in the value of the property amounted to between Dkr600,000 and Dkr800,000. The city court also arranged a visit to the property.

Where the assessment authority found that the plaintiffs’ property would be subject to limited noise pollution, the city court found the level to be more significant. The court further ruled that the plaintiffs had documented their loss of value at Dkr600,000 and thus awarded them an additional Dkr350,000.

Finally, the court held that the plaintiffs had suffered no other economic loss covered by the Promoting Renewable Energy Act. In particular, the court held that the fact that the wind turbines had been erected with all necessary permits prevented the plaintiffs from claiming compensation under neighbour rules.

The High Court for Western Denmark upheld the city court’s judgment, but fixed the compensation at Dkr500,000 because, among other things, there were certain deficiencies in the masonry of the house. However, the court also considered the findings of the court-appointed expert witness who had seen the plaintiffs’ house after the erection of the wind turbines – which the assessment authority had not done – as well as the city court’s own observation of the property. Finally, the court ruled that the Promoting Renewable Energy Act does not restrict the courts’ competence to review decisions from the assessment authority.

Comment

The judgment is significant as it granted compensation after the erection of the wind turbines. This is contrary to the main rule in the Promoting Renewable Energy Act; however,both the city court and the high court found sufficient legal authority under the act to admit the claim after the erection of the wind turbines.

Moreover, both courts paid considerable attention to the evaluation of the court-appointed expert. While this is quite normal in Danish case law, it is unusual in cases where an authority such as the assessment authority has previously dealt with the matter.

Finally, the high court paid attention to the city court’s own observations of the property. It is quite unusual to see such a reference to the observations of a lower court in a higher court’s grounds of judgment.

The judgment gives cause for optimism to those who intend to challenge decisions of the assessment authority under the Promoting Renewable Energy Act. From a procedural point of view, it seems to be important for the court to see the property at issue to form its own opinion of the level of noise pollution caused by wind turbines.

For further information on this topic please contact Søren Stenderup Jensen at Plesner by telephone (+45 33 12 11 33), fax (+45 33 12 00 14) or email (ssj@plesner.com). The Plesner website can be accessed at www.plesner.com.

Oklahoma Wind Action Association Sues Wind Company, on behalf of 7 Residents.

Land owners file class action against Apex to prevent wind farm construction

LEGAL NEWSLINE STAFF WRITER| SEPTEMBER 3, 2014 | 10:20 AM
 

OKLAHOMA CITY (Legal Newsline) – Oklahoma Wind Action Association, on behalf of seven land owners, is suing Apex Wind Construction LLC in order to prevent wind turbines from being built near their homes.

Terra Walker, Cheyenne Ward, Julie Harris, Janelle Grellner, Elisa Kay Kochenower, Karri Parson and Cindy Shelley claim the defendants’ planned wind farm projects create a nuisance, devalue their homes and can adversely affect their health, according to a complaint filed Aug. 27 in the U.S. District Court for the Western District of Oklahoma.

Aamodt

Aamodt

The lawsuit was brought against Apex Clean Energy Inc., Apex Clean Energy Holdings LLC, Kingfisher Wind LLC, Kingfisher Wind Land Holdings LLC, Kingfisher Transmission LLC, Campbell Creek Wind LLC and Campbell Creek Wind Transmission LLC.

The plaintiffs all live within three miles of the planned wind farm and own property within the “no-build” zone of the planned locations of the wind turbines, the suit says.

Under current Oklahoma and federal law, wind energy production is essentially an unregulated industry, according to the suit. Wind energy is produced through the use of large Industrial Wind Energy Conversion Systems that consist of three blades connected to a generator that sits atop a tower.

The plaintiffs claim the defendants are scheduled to complete financing on the first phase of their wind farm in Canadian and Kingfisher counties in October and intend to begin construction on the first phase of the wind farm in early 2015.

As a result, Industrial Wind Turbines, by their own safety standards, create a de facto “no-build” zone in a 1,500 radius surrounding the turbine, according to the suit. In many instances, this “no-build” zone overlaps with the property of landowners who have no agreement with the defendants, the suit says.

“This invasion of plaintiffs’ right to use and enjoy their property requires defendants to obtain an easement from the landowner that restricts their ability to construct upon any property within the [1,500] feet of the Industrial Wind Turbine,” the complaint states. “Otherwise, defendants’ Industrial Wind Turbines will interfere with plaintiffs’ ability to use their property as they wish safely.”

The plaintiffs claim the defendants have undertaken no effort to obtain such easements and the plaintiffs will be left with “a cloud upon their titles.”

Within the past several years, the defendants constructed the Canadian Hills Wind Farm between the City of Okarche, Okla. and Calumet, Okla. in Northwestern Canadian County, according to the suit.

The plaintiffs claim the noise deteriorates the ability — in both children and adults — to properly think, remember or concentrate during exposure.

The infrasonic noise generated by IWECS also causes sleeping disorders, headaches, mood disorders, tinnitus and vestibular problems, according to the suit.

“The rotation of IWECS blades causes flickering of sunlight, commonly referred to as ‘shadow flicker,’” the complaint states. “Exposure to such ‘shadow flicker’ has been reported to cause seizures in certain individuals.”

The plaintiffs claims additionally, shadow flicker further enhances stress-induced health effects, such as those caused by infrasonic noise from IWECS.

In December, officials in the nearby city of Piedmont approved an agreement with Apex to settle a heated, year-long fight to block wind farm construction near the city.

Officials in Kingfisher are also negotiating with Apex on a similar setback agreement.

The plaintiffs are seeking class certification, the court to enjoin the defendants from constructing a nuisance that would injure them and award them their costs and disbursements. They are being represented by Jason B. Aamodt, Deanna L. Hartley, Krystina E. Phillips and Dallas L.D. Strimple of Indian and Environmental Law Group PLLC.

The case is assigned to District Judge Tim Leonard.

Oklahoma is the country’s fourth-largest wind-power producer.

U.S. District Court for the Western District of Oklahoma case number: 5:14-cv-00914

From Legal Newsline: Kyla Asbury can be reached at classactions@legalnewsline.com.