LOCATION/TYPE

NEWS HOME

[ exact phrase in "" • results by date ]

[ Google-powered • results by relevance ]


Archive
RSS

Add NWW headlines to your site (click here)

Get weekly updates

WHAT TO DO
when your community is targeted

RSS

RSS feeds and more

Keep Wind Watch online and independent!

Donate via Paypal

Donate via Stripe

Selected Documents

All Documents

Research Links

Alerts

Press Releases

FAQs

Campaign Material

Photos & Graphics

Videos

Allied Groups

Wind Watch is a registered educational charity, founded in 2005.

News Watch Home

Federal judge to hear nuisance arguments in Oklahoma wind farm case 

Credit:  By Paul Monies | The Oklahoman | September 27, 2016 | newsok.com ~~

Whether or not a wind farm near Kingfisher is a nuisance to some neighbors will be before a federal judge Tuesday in Oklahoma City.

U.S. District Judge Timothy D. DeGiusti will hear arguments in a bench trial against Kingfisher Wind LLC, a unit of Apex Clean Energy Inc. The company was sued by the Oklahoma Wind Action Association, a group of landowners that wants turbines to be placed at least two miles from their homes.

The lawsuit was filed in August 2014 before construction started on the wind farm. The 149-turbine project in southern Kingfisher County and northern Canadian County was completed earlier this year.

Landowners with the Oklahoma Wind Action Association said noise from the development has caused adverse health effects on some residents. They also said some have been affected by “shadow flicker” from turbine blades during parts of the day.

“After exhausting all attempts to work with Kingfisher Wind and local government, this lawsuit is our last opportunity to protect our families from long-term damage,” Terra Walker, one of the landowners who filed the lawsuit, said in a statement. “Our experience is proof that Oklahoma needs to implement safe setbacks of industrial wind turbines from homes.”

In court documents, Kingfisher Wind denied the claims and said nearby landowners who have leased their land to the project haven’t complained of health issues related to the development.

Attorneys for Kingfisher Wind tried unsuccessfully to stop two experts hired by the association from testifying at the bench trial. They said Michael Nissenbaum, a radiologist, wasn’t qualified to testify on the health effects of turbines. They also said sound readings by an acoustical engineer, Richard James, weren’t reliable.

DeGiusti disagreed with the wind farm’s attorneys, saying since it was a bench trial and not before a jury, he would be “able to distinguish between proper expert opinion and inadmissible testimony.”

The association initially filed complaints of anticipatory trespass and anticipatory nuisance against Kingfisher Wind. DeGiusti dismissed the anticipatory trespass claim in June 2015.

The wind farm is owned by First Reserve Corp. Apex developed the project and operates it for First Reserve. The electricity is sold to Morgan Stanley Capital Group Inc., which has an agreement to resell it to Gulf Power Co., a Florida utility.

The hearing is set for 10 a.m. Tuesday in federal court in Oklahoma City.

Source:  By Paul Monies | The Oklahoman | September 27, 2016 | newsok.com

This article is the work of the source indicated. Any opinions expressed in it are not necessarily those of National Wind Watch.

The copyright of this article resides with the author or publisher indicated. As part of its noncommercial educational effort to present the environmental, social, scientific, and economic issues of large-scale wind power development to a global audience seeking such information, National Wind Watch endeavors to observe “fair use” as provided for in section 107 of U.S. Copyright Law and similar “fair dealing” provisions of the copyright laws of other nations. Send requests to excerpt, general inquiries, and comments via e-mail.

Wind Watch relies entirely
on User Funding
   Donate via Paypal
(via Paypal)
Donate via Stripe
(via Stripe)

Share:

e-mail X FB LI TG TG Share


News Watch Home

Get the Facts
CONTACT DONATE PRIVACY ABOUT SEARCH
© National Wind Watch, Inc.
Use of copyrighted material adheres to Fair Use.
"Wind Watch" is a registered trademark.

 Follow:

Wind Watch on X Wind Watch on Facebook

Wind Watch on Linked In Wind Watch on Mastodon