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WV Supreme Court to hear wind turbine case this week
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On Aug. 28, 2006, the state’s Public Service Commission (PSC) approved an application by Beech Ridge Energy of Chicago to construct 124 industrial wind turbines on Greenbrier Country highlands, on condition that agencies involved would sign off on the project prior to construction.
On Wed. (Jan 9) at 10 a.m., the West Virginia Supreme Court will hear an appeal to set aside that decision. Mountain Communities for Responsible Energy (MCRE) will argue that “for a fair hearing to take place, those communities opposing something as gigantic as a wholesale wind generating facility must have the right to contest and cross-examine all of the evidence being used to justify the permit…prior to any decision.”
In addition, Jeff and Alicia Eisenbeiss, whose property lies less than a mile from proposed turbine sites, will offer arguments that include these:
• The PSC denied requests for unbiased scientific studies.
• The applicant’s expert studies were accepted without peer review.
• The applicant failed to provide complete view shed and cultural impact studies.
• The PSC overlooked literature documenting property value decreases in the shadow of large industrial wind turbine projects.
• Fish and Wildlife’s recommendations for a three-year, pre-construction study were demoted to public comment status.
• The PSC literally granted the applicant the right to perform actions that severely affect adjoining landowners’ rights, the ecology, and local communities.
By David Cottrill
5 January 2008
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