Better get a lawyer son, better get REAL good one

With the wind industry in its death throes the only thing left is the small matter of compensating victims for all the physical and mental harm caused by its giant fans. Think of it as “the last round-up”.

The obvious cause of action – where noise from a neighbouring property causes sleep disturbance – is common law nuisance.  One man from Oregon in the US has just started proceedings citing nuisance and trespass. The tort of nuisance is alive and well in Australia – it’s what gets late-night music venues in cities and suburbs shut down all the time.

But STT’s pretty sure that the tort of “trespass” is not open to plaintiffs suing wind developers or turbine hosts in Australia: here – “trespass” requires the interference with property to be physical and direct.

TurbineBlade-OklahomaTornado

OK, OK – that would be “trespass” in any jurisdiction.

Here’s The Oregonian’s take on the case.

Eastern Oregon resident sues over Willow Creek wind project noise level
The Oregonian
Helen Jung
9 August 2013

A Morrow County man is seeking $10 million in damages from a wind-energy company, alleging that it has operated a wind-turbine project consistently above permissible noise levels set by the state for more than four years.

The noise from Invenergy’s Willow Creek project has caused physical and emotional distress for Daniel Brian Williams, as well as interrupted his sleep and reduced the value of his property, the federal complaint filed Friday in U.S. District Court in Pendleton alleges.  The noise eventually drove out Williams who moved last year from the 209-acre ranch near Heppner where he has lived since 1997, according to a press release from his law firm.

“Invenergy came into this valley with little consideration for folks like me who were already living here,” said Williams in the press release.  “The turbines they built are noisy and the effects on me have been devastating.  I treasured the peaceful, quiet existence at my home.”

Invenergy did not immediately return a message seeking comment.

The concerns over the project’s noise date back to 2008 when Invenergy began building its 48-turbine project, according to the complaint.  The wind farm started operating in December 2008.

Neighbors including Williams started complaining about the noise levels the following month, according to the lawsuit.  Invenergy’s own consultant established that the noise levels were above Oregon’s allowances, the complaint states, but Williams argues that the Chicago-based company’s proposed solutions have been inadequate and are untested.

Despite findings by the local county commission and land-use appeals panels that established the wind farm was exceeding permissible noise levels, however, officials have done nothing to curb the project’s operations, the complaint contends, forcing Williams to file the lawsuit.
The Oregonian

Here’s a copy of the complaint: http://docs.wind-watch.org/OR-Willow-Creek-complaint.pdf

STT says it’s only a matter of time before Australians follow suit – so to speak.

hobart sc

Just waiting for a wind weasel near you.

So, wind weasels – you’d better get a lawyer son, better get a real good one:

****

About stopthesethings

We are a group of citizens concerned about the rapid spread of industrial wind power generation installations across Australia.

Comments

  1. cornwallwindwatch says:

    Reblogged this on Cornwall Wind Watch.

  2. Jackie Rovensky says:

    Where is WHO?
    The following was taken from a presentation
    “Commitments, responsibilities and opportunities to align climate change and health actions
    Diarmid Campbell-Lendrum,
    Climate change and health team,
    Public Health and Environment Department,
    World Health Organization Health”

    “Health is as a central principle of the 1992 Rio conference and the UNFCCC:1992 RIO DECLARATION Article 1: “Human beings are at the centre of concerns for sustainable development. They are entitled to a healthy and productive life in harmony with nature.”
    UNFCCC commitment to consider health effects of mitigation and adaptation measures:
    UNFCCC Article 4.1 (f): All Parties…shall: …f. Take climate change considerations into account, to the extent feasible, in their relevant social, economic and environmental policies and actions, and employ appropriate methods, for example impact assessments, formulated and determined nationally, with a view to minimizing adverse effects on the economy, on public health and on the quality of the environment, of projects and measures undertaken by them to mitigate or adapt to climate change;’

    Where is WHO, why are they not taking action against Governments who continue to place their citizens at risk from effects of IWT’s!!!!!!!!!!!!!
    Or are the companies who own these machines exempt and Governments exempt simply because a natural phenomena ie the Wind is utilised as part of the manufacturing process?

    Note – I say ‘part’ of the manufacturing process, coal and uranium when not ‘farmed’ and utilised in the production of energy could also be considered in its natural state as harmless, it’s the manufacturing process which is of concern, and of course how energy is utilised after production.
    So why is Wind Energy production seen as harmless, why is the process of manufacturing energy utilising the passing wind considered harmless.

  3. As some one who has been seriously impacted by turbines I look forward to the day that these intermittent, subsidy-driven, environment-destroying industrial machines will be turned off and taken away. I can see that this will probably need to be a class action in the courts.

    There are better ways to generate electricity – let’s write this off as a failed experiment and try other approaches, or invest in proven renewable base load power like hydro, as there is just so much wrong with wind energy!

  4. Reblogged this on shelliecorreia and commented:
    I hope all windweasels are paying attention….we are NOT going to let you get away with this scam!!!

  5. Weasels have a place in nature..wind turbines don’t!

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