Nuisance Case Against Oklahoma Wind Farm Dismissed

By Editors of Power Engineering

U.S. District Judge Timothy D. DeGiusti dismissed an anticipatory nuisance case brought against a 149-turbine, 298-MW wind farm in Oklahoma.

The case, brought forth by a group of land owners and the Oklahoma Wind Action Association in 2014, centered on possible noise and health effects and sought a permanent injunction, the Oklahoman reported. DeGiusti ruled the plaintiffs did not show evidence of harm.

Specifically, he said the alleged harms over shadow flicker – the strobe-like effect from turbine blades during some sunny days -- and low-frequency sound presented by the plaintiffs was “speculative at best.” He also said that aesthetic concerns were not enough to constitute a nuisance.

The Kingfisher wind farm began construction near Kingfisher, Oklahoma after the lawsuit, and began operations by 2015. It is owned by First Reserve Corp. and operated by Apex Clean Energy Inc.

Though the suit wanted the turbines moved at least 1.72 miles from the homes of nearby landowners that didn’t lease to Kingfisher Wind LLC, court documents show none of the landowners’ homes are within a 1,500-foot setback recommended by the turbine manufacturer.

Electricity from the Kingfisher wind farm is sold to Morgan Stanley Capital Group Inc., which has an agreement to resell it to Florida utility Gulf Power Co.

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