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Wind developer got a break, Starcher writes  

Wind power developer Beech Ridge Energy caught a break it didn’t deserve when the West Virginia Supreme Court of Appeals approved its plan to build tall turbines on ridges in Greenbrier County, said Justice Larry Starcher.

In a July 17 dissent he claimed the court improperly allowed Beech Ridge Energy to provide vital information after the Public Service Commission approved its plan.

The commission should have required the information before approval, he wrote.

“Before the State sanctions injuring both private property values and the aesthetic value of beautiful landscapes, the public utility must publicly demonstrate the scope of the injury as part of the record before the Commission grants any permits,” he wrote.

Four of five justices agreed in June that the commission acted properly. They rejected arguments of property owners who opposed the turbines at commission hearings.

Starcher said he would have sent the dispute back to the commission for further study.

“It is not enough to say, as the majority implies, that those landowners can file a nuisance suit in the future,” he wrote.

By Steve Korris -Statehouse Bureau

The West Virginia Record

25 July 2008

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 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.

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