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Elliot Engstrom: Wind farm lawsuit about fairness
Credit: The News & Observer | April 23, 2016 | www.newsobserver.com ~~
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Translate: FROM English | TO English
Regarding the April 18 editorial “Wind farm should get OK”: The N&O Editorial Board denounced my clients’ lawsuit against the Department of Environmental Quality as political theater.
The N&O certainly put forth a compelling narrative involving right-wing conspiracies, wealthy benefactors and a hypocritical think-tank. While this narrative is captivating, it unfortunately does not reflect reality.
On March 18, 2015, DEQ informed Iberdrola Renewables that its wind turbines were subject to North Carolina’s laws regarding wind energy facilities. These laws give my clients a voice in deciding how close 499-foot-tall turbines will be to their front door. One month later, on April 29, DEQ did an about-face and wrote a letter to Iberdrola stating that its wind turbines were “grandfathered” and therefore not subject to North Carolina law.
My clients allege that DEQ violated the Administrative Procedure Act with its April 29 letter. They seek nothing more than fair application of the laws already on the books – laws written for their protection.
The N&O board gets to sit in Raleigh and opine about coastal wind energy. My clients lack that luxury. For them, these skyscraper-sized structures will be a fixture – all day, every day. I intend to ensure that they at least have their voices heard.
Elliot Engstrom
Lead counsel, Civitas Institute Center for Law and Freedom
Raleigh
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