Mass DEP Wind Turbine Noise
Posted in the Massachusetts Forum
#1 Mar 13, 2014
A Superior Court Judge in Maine has just found that the Maine Department of Environmental Protection failed to enforce state noise regulations to protect residents from wind turbine noise.
In similar fashion, the Massachusetts Department of Environmental "Protection" has also declined to enforce existing noise regulations to protect Massachusetts residents from wind turbine noise that exceeds state limits.
The Maine residents complained that the Commissioner of Maine's DEP worked for the law firm that represents Fox Island Wind, the operator of the offending wind turbines, prior to her appointment as DEP Commissioner.
In Massachusetts, Commissioner Ken Kimmell co-authored an infamous bill on behalf of Governor Patrick that would have provided a mechanism to override local control of development and permit a siting council appointed by Governor Patrick to facilitate the installation of wind turbines in communities that didn't want them (the "Wind Energy Siting Reform Act," or WESRA).
Prior to serving in the Patrick Administration, Mr. Kimmell was a partner in "Bernstein, Cushner and Kimmell" -- i.e. the "K" in "BCK Law," which acts as counsel to both the Cape Light Compact and the Cape & Vineyard Electric Cooperative.
At the time that Mr. Kimmell moved to the Patrick administration to help write the WESRA bill in 2007, the Cape Light Compact was in the final stages of forming CVEC.
The founding purpose of CVEC, according to its website, was to install "20 to 30 wind industrial turbines" on Cape Cod and Martha's Vineyard.
CVEC was founded by CLC (and its lawyers)-- with avid support and assistance of former Congressman William Delahunt and his Chief of Staff, Mark Forrest -- to turn Cape Cod, including the Cape Cod National Seashore, into "the Saudi Arabia of Wind."
CLC and CVEC together are the largest clients of Mr. Kimmell's former law firm. By far.
As Commissioner of the Massachusetts Department of Environmental "Protection", until his departure a few days ago, Mr. Kimmell has distinguished himself for:
a) Not enforcing noise regulations to protect Massachusetts residents from wind turbine noise that exceeds state limits; and
b) Presiding over the formation of a panel of so-called experts with ties to wind energy development that met in secret over a few months and rushed out a laughable report declaring that there is "no evidence of harm" from wind turbines -- even though the evidence of harm is virtually inescapable.
Mr. Kimmell's chief deputy, Ms. Alicia Barton -- who oversaw the sham exercise of producing the bogus report on Mass DEP letterhead -- was dispatched to run the Mass Clean Energy Center.
No sooner did Ms. Barton reach the MassCEC when the Town of Falmouth, desperate for relief from the agony of the wind turbine noise that produces no harm, appealed to the MassCEC for help.
MassCEC had sold Falmouth the wind turbines that are causing all of the problems on credit.
Since Falmouth was obligated to deliver Renewable Energy Credits and other payments to the MassCEC over the life of the wind turbines -- and since the wind turbines were so disastrously sited, based upon the cheerful reassurances of the technical experts at MassCEC -- the Falmouth Board of Selectmen asked Ms. Barton and the Board of the MassCEC to forgive the debts to help defray the cost of dismantling the wind turbines.
Ms. Barton and her board responded that they would be more than happy to forgive the debt that Falmouth owed to the MassCEC -- but only if the Town of Falmouth agreed to run the wind turbines full bore, 24/7, crucifying the very residents who were pleading for relief.
Both the DEP Commissioner (Mr. Kimmell, the "K" in BCK Law) and his former Deputy (Ms. Barton, who organized the captive panel of experts and sham report on wind turbine noise for Mr. Kimmell).
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