Posts Tagged ‘Vinalhaven Wind Turbine’

Bangor Daily News: DEP argues court has no say in Vinalhaven wind turbine noise level enforcement

December 10, 2014

DEP argues court has no say in Vinalhaven wind turbine noise level enforcement

By Stephen Betts, BDN Staff
Posted Dec. 09, 2014, at 1:13 p.m.
Last modified Dec. 09, 2014, at 2:01 p.m.

PORTLAND, Maine — The Maine Department of Environmental Protection argued Tuesday that the state’s highest court has no authority to order the agency to take tougher action to reduce noise levels from wind turbines on Vinalhaven.

The Maine Supreme Judicial Court heard arguments Tuesday on an appeal by the DEP of a Kennebec County judge’s ruling in March that chastised Commissioner Patricia Aho for her role in responding to complaints by Vinalhaven residents about noise from the Fox Islands Electric wind turbines.

Attorney Gerald Reid, who represented the DEP, said Tuesday that state law specifically prohibits judicial review of the enforcement of a final agency rule. Instead, Reid said the wind farm neighbors should have appealed to the Board of Environmental Protection, a citizens’ panel, or filed a nuisance lawsuit against Fox Islands in court. (more…)

Advertisements