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August 3, 2011

DEP challenged over Fox Islands Wind noise

Opponents of a wind farm on Vinalhaven Island are challenging regulators' recent order affirming the turbines' compliance with noise regulations.

The group Fox Islands Wind Neighbors filed a petition in Kennebec County Superior Court, asking the judge to vacate a June 30 Department of Environmental Protection order stating Fox Islands Wind has met state sound requirements, according to the Herald Gazette. Last fall, a DEP consultant found that the three-turbine wind farm exceeded nighttime noise standards, and a draft order issued earlier this year from DEP staff required Fox Islands Wind LLC to post sound data on a website for public review, among other things. The neighbors group, however, claims the final DEP order made it more difficult for residents to file complaints on the wind farm, and limited corrective action required by Fox Islands Wind. The petition claims that DEP's order "was politically motivated," alleging acting Commissioner Jim Brooks directed DEP staff to revise the order to Fox Islands Wind's liking, and citing current acting Commissioner Patricia Aho's previously work as a lobbyist for law firm Pierce Atwood, which represents Fox Islands Wind. The DEP referred questions on the complaint to the attorney general's office, according to the paper.

The group wants the court to replace the existing order with the draft order written by DEP staff.

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