Suit's dismissal
may clear way for wind farms
Apr 7, 2006 - The Charleston Gazette, W.Va.
Author(s): Eric Eyre
Apr. 7--A Grant County Circuit judge this week dismissed a lawsuit
that tried to block the construction of a 200-turbine wind project near
Mount Storm, a decision wind energy proponents predict will pave the way
for the approval of proposed wind farms across the state. "It sets an
important precedent that you just can't be opposed to a project because
you don't like it," said Frank Maisano, a spokesman for NedPower Mount
Storm, whose wind turbine project is being purchased by Shell WindEnergy.
"It's a huge victory for us, and it's a message that will resonate
throughout the region." Circuit Judge Phil Jordan told Grant County
property owners that the state Supreme Court has ruled on the $300
million project already, and that he doesn't have the power to overrule
the court.
In their lawsuit, seven Grant County residents allege the wind
project will be a nuisance and reduce property values. Their attorney,
Richard Neely, said Thursday that wind project opponents plan to appeal
the judge's decision to the state Supreme Court. Neely called Jordan's
ruling "fabulously erroneous." "The Supreme Court will understand this
when I explain it to them. These wind farms are not regulated public
utilities. "They don't serve West Virginians," he added. "They're not an
integral part of the power grid. They are not a viable source of power."
Grant County residents also allege the project will spoil mountain
views, create excess noise, hinder real-estate development, and kill
bats and birds.
The project will stretch across 8,000 acres of mountain ridges.
"People are going to be impacted by this," said Linda Cooper, president
of Citizens for Responsible Wind Power. "Some of these people live a
quarter- mile from the turbines. There are significant problems here."
The state Public Service Commission approved the 300-megawatt project in
2003. But the project stalled because of the lawsuit. Residents had
previously appealed the PSC order to the state Supreme Court, which
upheld the PSC's decision. Tim O'Leary, a spokesman for Shell
WindEnergy, said the judge's decision supports the "bedrock principle"
that PSC orders are binding and can't be overturned in state court.
"To rule otherwise, would mean the PSC is without jurisdiction,"
O'Leary said. Wind proponents said the Grant County project will create
jobs and provide additional tax revenues to the county. "It's a good
project," Maisano said. "It's good for Grant County. It's good for West
Virginia. And it's good for the environment in general." Three other
wind projects are proposed in West Virginia. US WindForce wants to build
an 89-turbine project on 12,000 acres in the Mount Storm area of Grant
County. The company also wants to build another 50-turbine project on
Jack Mountain in Pendleton County.
Meanwhile, Invenergy Wind has asked the PSC to approve a 124-turbine
project in Greenbrier County Those projects, along with Shell
WindEnergy's project, would increase the number of wind turbines in the
state from 44 to 457. Florida Power and Light operates a 44-turbine wind
farm in Tucker County, the only existing wind project in West Virginia.
To contact staff writer Eric Eyre, use e-mail or call 348-4869.
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