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.

High Court in Denmark Awards Damages to Victims, for Noise, and Property Devaluation!

Environment & Climate Change – Denmark

High Court rules on compensation for noise from wind turbines

September 01 2014

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.


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Wind weasels try to Deny the Negative Health Effects from Wind Turbines….No Surprise!

Wind turbines make people ill: fact not fiction  

Author:  Kenny, Pamela

Would I say this?:

Hundreds of thousands of people around the world live near and work at operating wind turbines without health effects. Wind energy enjoys considerable public support, but wind energy detractors have publicized their concerns that the sounds emitted from wind turbines cause adverse health effects. These allegations of health-related impacts are not supported by science. Studies show no evidence for direct human health effects from wind turbines.

It is certainly not me talking.

It is the claim of the American Wind Energy Association (AWEA), the national trade association for the U.S. wind industry. Wind power developers and their lobby groups around the world are shouting the same message – that the noise and vibration (infrasound, sound pressure, and low frequency noise) produced by large-scale wind turbines produce no direct health effects.

In reality, their claim is a lie. There is an ocean of documented evidence to support the assertions of anti-wind campaigners that the noise and vibration from wind turbines causes a range of health problems in significant numbers of people. If you search for just a couple of hours online, you can find personal stories by the thousand, and also numerous highly technical research papers by eminent medics and scientists detailing, amongst others, these symptoms:

  • Chronic sleep deprivation
  • Sleep disturbance
  • Increased blood pressure
  • Increased blood sugar (dangerous for diabetics)
  • Poor concentration and memory
  • Depression
  • Headaches and migraines
  • Dizziness, unsteadiness, ear pain and vertigo
  • Vibration in the body, particularly the chest
  • Nausea/“seasickness”
  • Tinnitus
  • Sensations of pressure or fullness in the ear
  • Stress
  • Panic
  • Annoyance, anger and aggression
  • Increase in agitation by those with Autistic Spectrum Disorder, and ADD/ADHD

Some of these symptoms can be attributed to sleep deprivation. It is increasingly clear from peer- reviewed medical papers that night noise interrupting sleep has an adverse effect on both cardiovascular health and stress levels. Interrupted sleep can also have serious effects on daytime concentration leading, potentially, to increased risk of industrial accidents and road traffic collisions. As these problems are likely to occur at locations remote from the cause of the interrupted sleep they are difficult to attribute to their actual cause. Dr. Christopher Hanning, a now-retired Consultant in Sleep Disorders Medicine to the University Hospitals of Leicester NHS Trust, writes:

In the short term … deprivation of sleep results in daytime fatigue and sleepiness, poor concentration and memory function. Accident risks increase. In the longer term, sleep deprivation is linked to depression, weight gain, diabetes, high blood pressure and heart disease.[1]

I do not pretend to be an expert in the effects of noise, but I do know that in over 30 years as a GP I have seen countless patients presenting with the effects of insomnia, and shift workers in particular suffer far more than the general population with the effects of disturbed sleep. What I find astonishing is that the noise regulations for the wind industry permit MORE noise to be generated by the turbines at night than during the day. This is completely contrary to noise pollution legislation, World Health Organisation (WHO) guidelines – and common sense.

Other symptoms listed above are likely to be a response to exposure to infrasound (sound with a frequency of less than 20 Hz) and low frequency noise (sound with a frequency of less than 200 Hz) produced by the turbines. Both low frequency noise and infrasound occur naturally in the environment (for instance, from household appliances and machinery in the case of low frequency noise, and ocean waves in the case of infrasound). In periods when the wind is blustery, large wind turbines generate both very low frequency sounds and infrasound which can travel much greater distances than audible sound. These sounds are not audible to the human ear, but our brains certainly detect them and some susceptible people suffer some of the unpleasant symptoms I have listed, such as tinnitus, ear pain and vertigo. If you feel up to reading some technical, but very interesting, research on this subject, take a look at “Wind-Turbine Noise. What Audiologists Should Know” by Punch, James and Pabst, published in the American publication Audiology Today in 2010.[2]

Other reasons why people experience health impacts from wind turbines include the swishing or thumping of the blades, which is highly annoying as the frequency and loudness varies with changes in wind speed and local atmospheric conditions. This is not at all like the sound of a passing train, aeroplane or tractor which moves on rapidly to be replaced by less intrusive background sounds. The noise of wind turbines has been likened to a “passing train that never passes” which may explain why it is prone to cause sleep disruption.

Some of those with heightened sensitivity to specific repetitive stimuli, such as those with Autistic Spectrum Disorder, Attention Deficit Disorder or Attention Deficit Hyperactivity Disorder (ADD/ADHD), can be seriously affected by the noise. Consultant clinical psychologist Dr. Susan Stebbings, from the Lincolnshire Partnership NHS Trust, said more research was needed into wind turbine noise and these disorders:

Because it is clear from our clinical knowledge of the condition of autism that the sensory difficulties individuals can have are possibly going to be impacted on by the presence of such large sensory objects in their environment.[3]

Indeed, there is at least one case on record of a wind farm application being turned down because of the proven impact on children with autism.[4]

Then there is shadow flicker or strobing which occurs when the rotating blades periodically cast shadows through the windows of properties. This can be truly unpleasant to live with and can trigger migraine and – much more rarely – epileptic fits in those suffering from photosensitive epilepsy.[5] At night, the red warning lights on the tops of some turbines can cause blade glint and strobing effects, so it is not just a daytime phenomenon.

Then there is the effect of stress. If you live in a tranquil rural area like ours, where the daytime and night time noise levels are almost always very low, you may well suffer varying levels of stress from the imposition of industrial-scale wind turbines into the landscape. The stress can occur long before the turbines are erected: during the planning process; during the noise and disruption of the construction; when you see the turbines for the first time and cannot believe the scale of them; and, then, during their operation when your sleep is disrupted and other physical and mental symptoms present themselves.

The effects of wind turbine noise have been known for several years now. In February 2007, a Plymouth GP, Dr. Amanda Harry, published a report “Wind Turbines, Noise and Health”.[6] The report documents her contacts with 39 people living between 300 metres and 2 kilometres from the nearest turbine of a wind farm. She discovered symptoms such as those I have outlined experienced by people living up to 1.6 kilometres from the wind farms.

The wind industry has repeatedly tried to discredit Dr. Harry’s report, and another – published in 2009 – by a leading American Pediatrician Dr. Nina Pierpont, who coined the phrase “Wind Turbine Syndrome” to cover the range of health problems she investigated over five years in the US, the UK, Italy, Ireland and Canada.[7] The global wind industry also spends vast sums attempting to discredit scientifically sound research studies, and the papers of experts in the physiology of the ear that prove infrasound can have adverse effects despite it not being audible.

It is true that both Dr. Harry’s and Dr. Pierpont’s research is largely anecdotal and does not reach the high standards needed for statistical validity. However, that also applied to reports on the association between lung cancer and smoking, and asbestos and asbestosis, in the early days.

We have now reached the stage in the debate when there can be no reasonable doubt that industrial wind turbines – whether singly or in wind farms – generate sufficient noise to disturb the sleep and impair the health of those living nearby.[8] In fact, our own Government has long been fully aware of the problems, as demonstrated in a 2008 Economic Affairs Committee Memorandum by Mr Peter Hadden, which concludes that:

onshore wind turbines built within 2km of homes offer no benefits and should not be part of a plan to provide the UK with a viable, secure, predictable supply of electricity. Indeed, onshore wind turbines ensure an unpredictable energy supply, by the very nature of the wind, with a long list of adverse impacts that diminish their supposed usefulness. Other renewables, such as solar and hydropower, offer more options and more predictability, especially combined with the still necessary (and technologically advancing) conventional sources of energy.[9]

I find it unbelievable that the wind industry is permitted to inflict health nuisance such as sleep disturbance, stress, and headaches on our communities – let alone more serious health issues such as depression, and heart and diabetes problems. To suggest, as the wind industry does, that there is “no problem” when faced with the huge body of evidence from around the world is perverse.

What sums up this entire problem for me is the quote below. It is by Dr. Noel Kerin of the Occupational and Environmental Medical Association of Canada. He was attending the First International Symposium on Adverse Health Effects and Industrial Wind Turbines, held in Canada in October 2010. He was shocked by the overwhelming evidence on the harmful effects of wind turbines:

First we had tobacco, then asbestos, and urea formaldehyde, and now wind turbines. Don’t we ever learn? Our public health system should be screaming the precautionary principle. The very people who are sworn to protect us have abandoned the public.[10]

My extensive reading into the harmful effects of wind turbines leaves me in no doubt that, to protect our community, we need to oppose the erection of three 125 metre turbines on Berry Fen.* Quite aside from the damage to our beautiful landscape, our tranquillity, our tourism industry, and wildlife, this wind farm would have serious implications for the health of many who live and work here for the entire 25-year life of the wind farm, and well beyond.

Pamela Kenny, MB BS, MRCS LRCP, FIMC RCSEd

Dr. Pamela Kenny was a founder of the current Haddenham and Stretham GP surgeries in 1986. She retired from practice there in 2006, but continued to work in Cottenham and St Ives and is a Trustee of the emergency medical service MAGPAS. Dr. Kenny has always had an interest in how lifestyle factors affect patient’s health, and continues to do so in the interests of the community. She has immense sympathy with anyone who might be affected by any form of flicker as she has always suffered from flicker-induced migraine. She also has the kind of hearing that is super-sensitive to both high and very low sound.

[1] http://docs.wind-watch.org/Hanning-sleep-disturbance-wind-turbine-noise.pdf

[2] http://docs.wind-watch.org/AudiologyToday-WindTurbineNoise.pdf

[3] www.bbc.co.uk/news/uk-england-lincolnshire-19374360

[4] http://news.bbc.co.uk/1/hi/england/humber/8646326.stm

[5] doi: 10.1111/j.1528-1167.2008.01563.x

[6] http://docs.wind-watch.org/wtnoise_health_2007_a_harry.pdf

[7] www.windturbinesyndrome.com/wind-turbine-syndrome/

[8] www.noiseandhealth.org/article.asp?issn=1463-1741;year=2012;volume=14;issue=60;spage=237;epage=243;aulast=Nissenbaum

[9] www.publications.parliament.uk/pa/ld200708/ldselect/ldeconaf/195/195we34.htm

[10] www.windvigilance.com/international-symposium/wind-turbines-linked-to-sick-building-syndrome

*There is still time to object to the planning application [the deadline has been extended to 3rd September 2014]. You do not have to write a long letter – just a couple of points outlining why you object – and every single person in your household should write individually as the number of objections will make a difference. Whichever method you choose, please include your name and full postal address, and the Planning Application Number 14/00728/ESF:

  • Send your objection by email to plservices@eastcambs.gov.uk
  • Or write to: Mrs Penny Mills, Planning Officer, East Cambs District Council, The Grange, Nutholt Lane, Ely, CB7 4EE
  • Or drop off to the following addresses: Simon Monk, Dunelm House, 4d The Borough, Aldreth; and Ian Munford, 4 Orchard Way, Haddenham.

Download original document: “Wind Turbines Make People Ill: Fact Not Fiction”

Petition Asks For a Minimum 1 Mile Separation Between Industrial Wind Turbines, and Homes

Petition stipulates minimum distance to windmills

28-08-2014 22:01

A petition on the internet working for a minimum distance of one mile between new windmills and buildings.

 

The motivation: “We ask for respect between wind turbines and places where people live and / or work a minimum distance of 1,500 meters.  We are not against green energy in itself, but each technology has its own place and this must not be at the expense the quality of life of local residents. “

The initiative was taken by Annemarie Francois (Oud-Heverlee) with from the first day also signatories Outgaarden. The list is submitted to the Flemish government.

See the text.

On the proposed by Storm Elicio windmills in Overlaar, Hoksem, Outgaarden.

Raymond Buttocks

Infrasound Can Cause Physical Distress, But Authorities Refuse to Monitor It!

Wind Turbine ‘Infrasound’ May Be Making Thousands Sick In UK, US

The windswept Scottish highlands are increasingly becoming home to thousands of wind turbines due to government policies seeking to boost green energy production and fight global warming.

But such well-intentioned policies may be having an unintended side effect: They could be making people sick.

The Scottish Express reported Sunday that the Scottish government has commissioned a study into the “potential ill effects of turbines at 10 sites across the country.” There are more than 33,500 families living within two miles of these turbines, meaning thousands could be getting sick.

Activists warn that “infrasound” emanating from nearby wind turbines are causing people to feel sick. Infrasound is noise that is at such a low frequency, it can’t be heard but can be felt by those nearby.

Former U.K. army Capt. Andrew Vivers has been looking into the issue and was surprised that local authorities were unwilling to accept that infrasound could make people sick, even though it’s a “known military interrogation aid and weapon.”

“When white noise was disallowed they went on to infrasound,” Vivers told the Express. “If it is directed at you, you can feel your brain or your body vibrating.”

“It is bonkers that infrasound low frequency noise monitoring is not included in any environmental assessments. It should be mandatory before and after turbine erection,” Vivers added.

Vivers also noted that there has been an “acknowledged and unexplained increase of insomnia, dizziness and headaches” in the town of Dundee, which is where two wind turbines been in service since 2006.

The Scottish government study has been welcomed by communities that have complained about infrasound sickness, but anti-wind farm campaigners say it doesn’t go far enough.

“On the face of it, it does look like a step in the right direction, but can we really trust it? My issue is that it is not independent enough,” Susan Croswaithe, U.K. spokeswoman for the European Platform Against Windfarms, told the Express.

“Our website is full of examples of people not being listened to,” Croswaithe said. “We have two very large wind farms near us in Ayrshire, Arecleoch and Mark Hill – 60 turbines and 28 turbines.”

“If people in my area have noticed they are feeling better at the moment but do not understand why, it may be because the turbines have been switched off while they do maintenance on the grid,”she added.

But complaints about nearby wind turbines causing sickness have not been isolated to Scotland. U.S. residents have also complained of “wind turbine syndrome” causing headaches and nausea.

A Falmouth, Massachusetts woman was diagnosed with “wind turbine syndrome” by a Harvard Medical School doctor in 2011, after complaining about “headaches, ringing in her ears, insomnia and dizziness,” ABC News reported last year.

Sue Hobart didn’t immediately blame the three wind turbines that were installed 1,600 feet from her home in 2010, but after finding her symptoms went away when she left for vacation, it all started to fall into place.

But Hobar wasn’t the only Falmouth resident to supposedly become sick from wind turbines. Dozens of residents have filed lawsuits, arguing that three 400-foot tall wind turbines have been causing them to get sick.

Before Hobart was diagnosed with wind turbine syndrome, New Jersey state lawmakers proposed legislation outlawing the construction of wind turbines within 2,000 feet of residential-zoned land. The bill was championed by some coastal communities, but derided by environmentalists who want to see more green energy generation.

State Sen. Sean Kean introduced the bill after hundreds in his district turned out to protest a “proposed 325-foot windmill by Department of Military and Veterans Affairs at the National Guard training center in Sea Girt,” which residents said could “threaten birds, cause noise, pose health risks and decrease property values,” reports NJ.com.

So can wind turbines really make people sick? Wind turbine syndrome is not recognized by the Centers for Disease Control and Prevention. An expert Medical panel in Massachusetts was reported to have found “insufficient evidence that noise from wind turbines is directly… causing health problems or disease.” However, research shows that “human response to wind turbines relates to self-reported ‘annoyance,’ and this response appears to be a function of some combination of the sound itself, the sight of the turbine, and attitude towards the wind turbine project.”

Other state health departments and medical review panels have also concluded that there are no direct health impacts from wind turbines.

But complaints of sickness from wind turbines keep cropping up across the world as government policies cause wind farms to sprout up in places where they previously were not.

Residents File a “Class-Action” lawsuit, to Block Wind Turbines!

Residents File Class-Action Lawsuit to Block

Wind Turbines Near Kingfisher

 
 

 
p. 17
 
 

 
p. 18
 
 

Seven landowners filed a class-action lawsuit this week to prevent wind turbines from being built near their homes in Canadian and Kingfisher counties.

In the complaint, which is embedded above, the landowners claim that planned wind farm projects controlled by Virginia-based Apex Clean Energy would create a nuisance, devalue their property and adversely affect their health.

The landowners who brought the lawsuit all live within three miles of the planned wind farm, and, in many cases, own property within the “no-build” zone of the planned locations of the 500-foot-tall turbines. From the complaint, with bullets added for readability:An organization that opposes wind projects in the two counties, the Oklahoma Wind Action Association, brought the lawsuit on behalf of the landowners. The suit was filed Aug. 27 in the U.S. District Court for the Western District of Oklahoma.

  • … Industrial Wind Turbine manufacturers recommend a minimum setback or safety zone of three (3) times turbine height—in this case fifteen hundred (1500) feet—between any home and an Industrial Wind Turbine for safety purposes in case of catastrophic failure of one or more components, not to protect against adverse effects resulting from noise.
  • As a result, Industrial Wind Turbines, by their own safety standards, create a de facto “no-build” zone in a fifteen hundred (1500) radius surrounding the Turbine. In many instances, this “no-build” zone overlaps with the property of landowners who have no agreement with Defendants.
  • 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 fifteen hundred (1500) feet of the Industrial Wind Turbine. Otherwise, Defendants’ Industrial Wind Turbines will interfere with Plaintiffs’ ability to use their property as they wish safely.
  • Defendants have undertaken no effort to obtain such easements and Plaintiffs will be left with a cloud upon their titles.

The wind energy industry is booming in Oklahoma, which was the country’s fourth-largest wind-power producer in 2013. But there has been consierable resistance to some wind farm projects, including the Apex projects planned for Canadian and Kingfisher counties.

In December 2013, 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, too, are negotioating with Apex on a similar setback agreement, according to the lawsuit.

On Sept. 11, the Oklahoma Corporation will hold its first public meeting to discuss potential statewide rules for the wind energy industry, an action requested by Sen. President Pro Tempore Brian Bingman, R-Sapulpa, which was spurred by vocal opposition to proposed wind farm projects in Osage and Craig counties.

 

People of Scotland are Tired of Excuses, They Are Demanding Justice for Wind Turbine Victims!

Wind Farms Turn Scottish Highland Homes Into Sonic Torture Traps

when-is-wind-energy-noise-pollution

An ill wind blows as the surge of turbines stirs fears of silent danger to our health
Scottish Express
Paula Murray
 August 2014

TENS of thousands of Scots may be suffering from a hidden sickness epidemic caused by wind farms, campaigners have warned.

The Sunday Express can reveal that the Scottish Government has recently commissioned a study into the potential ill effects of turbines at 10 sites across the country.

More than 33,500 families live within two miles of these 10 wind farms – which represent just a fraction of the 2,300 turbines – already built north of the Border.

Hundreds of residents are now being asked to report back to Holyrood ministers about the visual impacts, and effects of noise and shadow flickers from nearby wind farms.

Campaigners fear that many people do not realise they are suffering from ailments brought on by infrasound – noise at such a low frequency that it cannot be heard but can be felt.

One such person is Andrew Vivers, an ex-Army captain who has suffered from headaches, dizziness, tinnitus, raised blood pressure and disturbed sleep since Ark Hill wind farm was built near his home in Glamis, Angus.

Mr Vivers, who served almost 10 years in the military, said the authorities had so far refused to accept the ill effects of infrasound despite it being a “known military interrogation aid and weapon”.

He said: “When white noise was disallowed they went on to infrasound. If it is directed at you, you can feel your brain or your body vibrating. With wind turbines, you don’t realise that is what’s happening to you.

“It is bonkers that infrasound low frequency noise monitoring is not included in any environmental assessments. It should be mandatory before and after turbine erection.”

He is raising concerns about an “acknowledged and unexplained increase of insomnia, dizziness and headaches in Dundee”, where two large wind turbines have been operating since 2006. Mr Vivers, 59, said all medical explanations of his own sudden health issues had been ruled out and it was more than 12 months before he was convinced of the link to the wind farm.

He said: “I was getting these headaches and dizziness and just not sleeping, but I was putting it all down to all sorts of other things. A couple of times I was walking on the hills around the house with my dogs and got a really bad dizzy spell.

“I actually had to sit down for a few minutes and while I was sitting down wondering what on earth was wrong with me, I did notice the wind was coming straight from the turbines.” Mr Vivers said he has also witnessed an “incredible number” of dead hares on the moors around Ark Hill and believes they may have succumbed to “internal haemorrhaging and death” as a result of the turbines.

He added: “If this coming winter is going to be anything like the last and with the plans to build a second wind farm much closer to us, I think we’ll have to sell our home and move elsewhere.”

The 10 sites under the microscope in the new survey include one in Dunfermline, where almost 23,000 households are nearby, and Little Raith near Lochgelly, Fife, where there are nearly 9,000 households.

The others are Achany in Sutherland, Baillie near Thurso, Caithness, Dalswinton in Dumfriesshire, Drone Hill, near Coldingham, Berwickshire, Griffin in Perthshire, Hadyard Hill in Ayrshire, Neilston in Renfrewshire and West Knock, near Stuartfield, Aberdeenshire.

About 2,000 questionnaires have been sent to residents in a move that is understood to have caused tension between the Scottish Government and the renewable energy industry.

The “wind farm impacts study” is being managed by ClimateXChange, which has published information about the project online.

It says: “The research will use two sources of information: how local residents experience and react to visual, noise and shadow-flicker impacts, and how the predicted impact at the planning stage matches the impact when the wind farm is operating.

“The final report is due in autumn 2014. It will inform the Scottish Government’s approach to planning policy on renewables and good practice on managing the impact of wind farms on local residents.”

One of the contractors involved in the project is Hoare Lea Acoustics, an international firm which specialises in measuring noise and vibration from wind farms.

However, Susan Croswaithe, the UK spokeswoman for campaign group European Platform Against Windfarms, said the study would be “little more than a box ticking exercise”.

She added: “On the face of it, it does look like a step in the right direction, but can we really trust it? My issue is that it is not independent enough.

“Our website is full of examples of people not being listened to.

“We have two very large wind farms near us in Ayrshire, Arecleoch and Mark Hill – 60 turbines and 28 turbines.

“If people in my area have noticed they are feeling better at the moment but do not understand why, it may be because the turbines have been switched off while they do maintenance on the grid.”
Scottish Express

Andrew Viviers

Andrew Viviers makes the following – perfectly reasonable – observation about noise testing:

“It is bonkers that infrasound low frequency noise monitoring is not included in any environmental assessments. It should be mandatory before and after turbine erection.”

The idea of “testing” for the impacts from turbine noise and vibration without including infrasound and low-frequency noise is “bonkers”, indeed. Dr Mariana Alves-Pereira – who has been studying low-frequency noise impacts with her research group for 30 years, certainly thinks so (see our post here).

The noise standards – written by the wind industry – rely on the dB(A) weighting and, therefore, deliberately ignore the vast bulk of the sound energy produced by turbines – which pervades homes as infrasound and in frequencies that cause sleep deprivation and other adverse health effects (see our post here).

The standards not only ignore infrasound, but the South Australian EPA’s noise guidelines even ludicrously assert that infrasound was a feature of earlier turbine designs that is not present at “modern wind farms”. SA’s EPA – despite being incapable of following its own guidelines when it came to noise testing at Waterloo – managed to find infrasound present inside neighbouring homes at a very modern wind farm, that started operation in 2010 (see our posts here and here). For a great little summary on wind turbine generated infrasound and its adverse affects on health, check out this video of Alex Salt, laying it out, in no uncertain terms.

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Given the work of Professor Salt (outlined in the video) and Steven Cooper’s findings at Cape Bridgewater (see our post here) “the recent unexplained increase of insomnia, dizziness and headaches in Dundee”, referred to by Andrew Viviers is not so difficult to explain at all.

The direct link between very low-frequency turbine noise, sleep disturbance and annoyance was well and truly established by Neil Kelley & Co over 25 years ago (see posts here and here and here). And the wind industry knew all about it (see our post here).

Well, Highlanders – it seems like the right time to grab your Claymores and bring your political betters to account.

brave_shield3

The Truth About Infrasound….Not as Harmless As You Might Think!

Below 20 Hertz: The Rumbling Realm Of Infrasound

Artwork by Andy Gilmore
Sound Inspired Artwork by Andy Gilmore
Infrasound is the realm of sounds in the frequency range of 20 Hz down to 0.001 Hz.

According to Harry F. Olson in his book Maths, Physics and Engineering:

20 Hz is considered the normal low frequency limit of human hearing.

The lower the frequency of sound, the more difficult it us for human to hear it. So, in order for us to hear a sound under 20 Hz, it must be powerful.

We mostly hear infrasound through our ears, but at higher levels it is possible to feel infrasound vibrations in various parts of the body.

Examples of natural events that produce ultrasound include: lightning, earthquakes, volcanoes, bolides (exceptionally bright fireballs), aurorae and surf.

Human can produce ultrasound too, examples include: sonic booms, mechanical sounds from engines, subwoofers and transducers.

Perceiving Sound Under 20 Hz

We all perceive infrasound differently — an infrasound wave might be perceived as loud to one individual, but another might not perceive it at all. Wikipedia says:

When pure sine waves are reproduced under ideal conditions and at very high volume, a human listener will be able to identify tones as low as 12 Hz.

Below 10 Hz it is possible to perceive the single cycles of the sound, along with a sensation of pressure at the eardrums.

Better quality test tones can be found on this page. You can also find tone generators available.

Paranormal Investigations

Infrasound can also cause feelings of awe or fear in humans, because it is not consciously perceived. It can be described as “shivers down your spine” or other weird sensations. An experiment in England was set up to study the effect of infrasound, Participants reported feeling uneasy and fearful when infrasound was introduced. After conducting the experiment, Professor Richard Wiseman said:

These results suggest that low frequency sound can cause people to have unusual experiences even though they cannot consciously detect infrasound. Some scientists have suggested that this level of sound may be present at some allegedly haunted sites and so cause people to have odd sensations that they attribute to a ghost—our findings support these ideas.

Some film soundtracks make use of infrasound to produce unease or disorientation in the audience. Irréversible is one such movie, as is Paranormal Activity.

Here is another infrasound investigation story from Wikipedia:

Research by Vic Tandy, a lecturer at Coventry University, suggested that an infrasonic signal of 19 Hz might be responsible for some ghost sightings.  Tandy was working late one night alone in a supposedly haunted laboratory at Warwick, when he felt very anxious and could detect a grey blob out of the corner of his eye.  When Tandy turned to face the grey blob, there was nothing.

The following day, Tandy was working on his fencing foil, with the handle held in a vise. Although there was nothing touching it, the blade started to vibrate wildly.

Further investigation led Tandy to discover that the extractor fan in the lab was emitting a frequency of 18.98 Hz, very close to the resonant frequency of the eye given as 18 Hz by NASA. This was why Tandy had seen a ghostly figure—it was an optical illusion caused by his eyeballs resonating.  The room was exactly half a wavelength in length, and the desk was in the center, thus causing a standing wave which was detected by the foil.

Tandy investigated this phenomenon further and wrote a paper entitled The Ghost in the Machine.  Tandy carried out a number of investigations at various sites believed to be haunted, including the basement of the Tourist Information Bureau next to Coventry Cathedral and Edinburgh Castle.

So, to sum up:

Most infrasounds are caused by powerful forces.They cause things to shake, without visual cause. They are often associated with the uncanny, because they inspire fear and dread. We often only perceive them subconsciously, and it is usually in the pits of stomachs, or in our bones.

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