It has now been five years since the Vinalhaven (ME) wind turbines were turned on, saddling neighbors with wind turbine noise that often exceeds state noise standards.
On December 9th, at 9:30AM, oral arguments of our case will be heard by the Maine Law Court. (That’s the state supreme court.) You will be able to view the proceedings via streaming. (links, below)
FIW and DEP appealed the Maine lower court ruling in our favor and whether the lower court was correct when it sided with us and struck down the DEP order that we contend fails to either be enforceable or to protect us.
Earlier this summer, FIW opposed our request to file a reply brief on the lower court’s denial of the part of our petition that includes Section 1983 claims.
Our point before the court: that DEP (Maine Department of Environmental Protection) violated the First Amendment by retaliating against the neighbors for filing so many noise complaints. We argue that retaliation by DEP consisted 1) of formalizing a burdensome and unfair complaint procedure and 2) the number of concessions that the DEP gave to FIW. We claim that DEP’s actions gave a “de facto” exemption to FIW from the Noise Rule.
Rufus Brown’s reply brief is available on our website: https://fiwn.wordpress.com
After an extension requested by FIW, our court date moved from October into November and then December. FIW claims its “feathering” devices have solved our noise issues. As anyone who lives near the turbines knows, that is not true.
Follow these links to listen to the Dec. 9th hearing:
http://www.courts.maine.gov/maine_courts/supreme/oral_arguments.shtml
http://www.courts.maine.gov/maine_courts/supreme/stream.shtml
Fox Island Wind Neighbors 
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