Wind farm noise ‘guidelines’ (written by the industry’s pet consultants) never survive first contact with careful legal scrutiny.
In the Victorian Bald Hills case, Justice Richards of the Victorian Supreme Court not only ordered the wind farm operator to shut down its turbines at night to limit the noise nuisance they created, her Honour slammed the inadequate noise standards purportedly set up to protect residents, but reserved her harshest criticism for the acoustic consultants who are caught out ‘filtering’ – ie destroying – rafts of noise data.
In a separate decision, Australia’s Administrative Appeals Tribunal (AAT) declared that the “noise annoyance” caused by wind turbine generated low-frequency noise and infrasound “is a plausible pathway to disease”. The AAT also held “The dB(A) weighting system [which is the basis of all wind turbine noise guidelines and standards] is not designed to measure [wind turbine noise], and is not an appropriate way of measuring it.”
Now the French have reached the same conclusion, with its Council of State slamming the noise pollution measurement protocols which have been used by the French wind industry to ride roughshod over rural residents, for years.
The French Conseil d’État (Council of State) acts both as legal adviser to the executive branch of government and as the supreme court for administrative justice, which is one of the two branches of the French judicial system.
In a monumental decision, Council of State have decreed that the noise protocols are unlawful. The consequence of which is that all planned projects will be required to satisfy a new and more stringent noise standard, and that existing operations will be forced to shut down until they can demonstrate that they are capable of satisfying a new and stricter noise standard; one which allows neighbours to sleep comfortably in their own home at night.
Pauline Hot and Mailys Lange has this report on what is a terrific victory for rural France.
Historic cancellation of wind power authorizations
Sustainable Environment Federation
Pauline Hot and Mailys Lange
8 March 2024
[The Council of State rendered a historic decision on March 8 making authorizations for onshore wind turbines and the rules for renewing wind facilities illegal. This decision is the result of a request submitted by the Fédération Environnement Durable and fifteen associations.
The Council of State cancelled all of the provisions concerning the three successive versions of the noise pollution measurement protocol intended to protect the health of neighbours. This decision not only concerns authorizations and current projects, but could also call into question existing wind farms.]
On March 8, the Council of State rendered an historic decision by making authorizations for onshore wind turbines and the rules for renewing wind farms illegal. This decision follows a request submitted by the Sustainable Environment Federation and fifteen associations.
The Council of State cancelled all the provisions concerning the three successive versions of the noise pollution measurement protocol intended to protect the health of local residents. This decision not only concerns authorizations and current projects, but could also call into question existing wind farms.
Consequences:
- Projects under investigation or authorized not yet built: These projects must undergo a complete environmental assessment.
- Existing wind farms: All wind farms built on the basis of the now illegal decrees should normally no longer be allowed to operate as they are.
Reasons for cancellation:
- Absence of environmental assessment: The Council of State noted that the ministerial noise measurement decrees were not subject to an environmental assessment, which constitutes a violation of the law.
- Lack of public participation: The Council of State also highlighted that the decisions to approve the acoustic protocol were not subject to public participation, thus violating the principles of participation and transparency.
Reactions:
- Environmental associations: Environmental associations welcome the decision of the Council of State, calling it a major victory for the protection of the environment, the health of local residents and respect for the laws. They point out the systematic non-compliance with these laws by the public authorities, whose sole objective was to impose the installation of wind turbines which are increasingly rejected by the population, particularly in rural areas.
- State: The State was ordered to pay compensation to the applicant associations.
Impact on the French energy future:
The decision of the Council of State will have a crucial impact on the French energy future. The development of onshore wind energy is now being slowed down, pending the implementation of new authorizations and rules in accordance with the law. The move also raises questions about the viability of current projects and the future of existing wind farms.
Decision of the Council of State n°465036 of March 8, 2024
Press contact
Sustainable Environment Federation
Jean-Louis Butré
contact@environnementdurable.net
tel: 06 80 99 38 08
Applicants
Sustainable Environment Federation
Belle Normandie Environment
Wind of Anger! National Federation
Anti-Wind Federation of Vienna
Regional collective of experts and citizens for the environment and heritage
Occitanie Catalan country Energies Environment
Alps Provence Côte d’Azur Environment
Collective Allier Citizens
SOS Danger Wind Angry
Angry
Contrary Wind Federation in Touraine and Berry,
Fédération Stop Éoliennes Hauts-de-France
Vent de Sottise
For the Protection of the Pays d’Ouche
Echauffour Environnement
Wind Watch
STOP THESE THINGS 
Hoorah, Brave Ones.