Legalectric

Freeborn Wind permit (and standard language in all permits) has noise limits, the state standard (Minn. R. 7030.0040) and permit condition limits:

Xcel’s conslutant’s noise monitoring report (2 parts):

And then Commerce-EERA wants to review and “analyze” it and here’s the result, released yesterday:

Despite documented noise exceedences, they craft it to this result:

… sigh… it starts out promising:

What it looks like is that the measurements of noise monitoring aren’t taken seriously, and that “binning” is used to obfuscate and dismiss testing and monitoring results that show noise levels above those permitted.

Remember the ALJ’s recommendation for this project, that the permit be denied because Freeborn had not demonstrated it could comply with noise standards?

OAH+80-2500-34633+Final+Order

WE WON!!! ALJ Recommend Freeborn Permit be DENIED, or… May 14th, 2018

And then the PUC bends over and gives Freeborn/Xcel what it wants:

Freeborn? PUC upends ALJ’s Freeborn Wind Recommendation September 21st, 2018

To challenge this, hiring a noise expert is necessary, and then it’s time to sue their collective asses. It becomes the responsibility of those affected by the wind project’s incursion on their land to raise the objections and foot the bill. Fair? Equity? Justice? In what world…