Maine Superior Court Stands With Wind Generator Neighbors
On March 23 Maine Superior Court ruled in favor of neighbors and against the state DEP and wind turbine operator, Fox Islands Wind. The state agency and FIW seek to invalidate a lengthy and costly effort by neighbors to obtain regulatory enforcement of state noise standards in the case of violations by the wind turbine farm operator on Vinahaven. The Court ruled 1) the Condition Compliance Order was a form of enforcement that is not shielded from review by the applicable wind turbine certification statute, 2) that DEP has the authority to enforce, and 3) that the Condition Compliance Order is not the kind of "prosecutorial discretion" that is immune from review.
For details on the court order on motion to dismiss and other relevant documents: please read: http://fiwn.wordpress.com