23 Texas wind turbine hosts sue over noise, nuisance

legalAEI News
In what may be an unprecedented move, 23 Texans who host wind turbines on their property have filed suit against two different wind farm developers, claiming that companies “carelessly and negligently failed to adequately disclose the true nature and effects that the wind turbines would have on the community, including the plaintiffs’ homes.”

The plaintiffs host hundreds of turbines on projects developed by Duke Energy and E.ON, and as a Duke spokesman noted, they did consent to the placement of the turbines.  However, the lawsuit stresses that the companies told residents the turbines “would not be noisy, would not adversely impact neighboring houses and there would not be any potential health risk.”   Read article

4 thoughts on “23 Texas wind turbine hosts sue over noise, nuisance

  1. Nice to see them fighting back, but they really should have looked into all of this PRIOR to trusting the word of these mega corporations and signing contracts. Either way, I do wish them luck, and hopefully it will wake up future landowners.

  2. Something not sitting right here. The Hosts themselves are being sued by non hosts….it was after the hosts were served notice that they started litigation . Could it be that the hosts are suing to deflect liability away from themselves?

  3. Duke Energy and E.ON – request what?
    Why?
    Well – it’s true – Judge Hilda Tagle – is unafraid, and tough.

    The motor mouth verbage: Maybe the case is not so open and shut,
    but we’ll have to wait and see.

    I can’t wait!
    I can’t wait!
    I can’t wait!

    ‘[excerpt] The suit was filed in State District Court in November. In December, the companies requested that it be moved to federal court, where U.S. District Judge Hilda Tagle has called for a response from the companies by February 6.

    Ed. note: Some wind development leases I’ve seen explicitly preclude hosts from filing nuisance suits. There is limited information online about this case, and it’s unclear whether the plaintiffs’ contracts include such restrictions; if they do, then the legal case may be open-and-shut, or it may be that the crux of the legal challenge is the veracity and completeness of information provided to hosts prior to signing contracts. (It may be worth noting that lease agreements don’t usually include “gag clauses” against speaking publicly about noise or other post-construction experiences; confidentiality clauses usually cover only financial terms and development plans.)’
    http://aeinews.org/archives/2538?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+aeinews+%28aeinews.org%29

    Again – note:
    ‘[excerpt] (It may be worth noting that lease agreements don’t usually include “gag clauses” against speaking publicly about noise or other post-construction experiences; confidentiality clauses usually cover only financial terms and development plans.)’

    Off to Texas – here we go!

  4. Who cares why they are suing, the fact is, the truth will come out. The hosts sign gag clauses, right in the beginning, so this information always remains hidden. These people have the balls to drag it out into the open. Good on them, and here’s hoping it starts a huge trend!!!

Leave a Reply

Your email address will not be published. Required fields are marked *