The Register-Herald, Beckley, West Virginia

Local News

April 17, 2007

State Supreme Court set to hear windfarm appeal

By Christian Giggenbach

Two anti-windfarm advocates will present oral arguments today to the state Supreme Court that their cases should be added to the high court’s docket in hopes of stopping a planned $300 million project slated for northern Greenbrier County.

Mountain Communities For Responsible Energy, along with Jeffrey and Alicia Eisenbeiss, filed the petitions after the state Public Service Commission’s landmark decision last fall giving the green light to a wind energy developer’s request to build 124 turbines along 23 miles of ridgeways owned primarily by MeadWestvaco.

Although MCRE’s appeal has asked the court to reverse and dismiss the PSC’s decision granting a citing certificate to Beech Ridge Energy, the Eisenbeiss’ appeal goes one step further. The Renick couple, who have filed their petition pro se — without the aid of a lawyer — will also ask the Supreme Court to hand down an opinion forcing the PSC to follow stricter guidelines when giving out permits to wind developers. The Eisenbiesses reside close to the proposed windfarm site and believe the turbines will negatively affect their property value and personal lives.

In January, the PSC denied four anti-windfarm appeals, including Eisenbiess’ and MCRE’s, and removed the case from its active docket.

“MCRE does not believe that Beech Ridge or the commission complied with the letter and spirit of the commission’s own rules and, as a result of this noncompliance, MCRE does not believe that the potential impact of the project on the communities within the local vicinity were adequately considered,” MCRE spokesman Dave Buhrman said Tuesday.

- - -

Although the appeals were filed against the PSC, Beech Ridge, a subsidiary of the Chicago-based company Invenergy, petitioned the Supreme Court to participate in the hearings. Union representatives of the construction trades will also argue on behalf of the PSC. Before rendering any decision, the high court must first vote to accept the case for review.

“We are defending the commission’s decision to grant a citing certificate to Beech Ridge,” Dave Groberg, director of business development for Invenergy, said Tuesday.

The decision to hear the case will most likely by made within a week of the oral arguments, according to court information services director Jennifer Bundy. If so, the full case could be heard during the fall term of the court later this year.

Last August, the PSC granted the building permit to Beech Ridge, citing the nation’s need for clean, renewable energy outweighed the negative aspects of the project. Anti-windfarm advocates chiefly believe the 400-foot-tall turbines will decrease property values, kill birds and bats and spoil the scenery.

— E-mail: cgiggenbach@register-herald.com

Text Only
Local News
AP Video
Jimmy Carter Endorses Egypt's Election Results Biden Addresses West Point Graduating Class Dozens of Children Killed in New Syria Attack Raw Video: Activists Allege Massacre in Syria NJ Man Charged With Murder in Death of Patz Support, Fun for Kids of Fallen Soldiers at Camp Fugitive Penguin Caught, Returned to Aquarium 50 Years Later, Underground Fire Still Burning Light Show Transforms Sydney Opera House Raw Video: Unruly Passenger Restrained in Miami Raw Video: Robber Uses Drive-thru Window Raw Video: Dragon Arrives at Space Station Calif.'s Coronado Named Nation's Best Beach CEO Salaries Become Sore Issue in Labor Disputes Raw Video: Fight Erupts in Ukrainian Parliament Texan Ranchers Remain Wary of Drought Raw Video: Soldiers Plant Flags at Arlington Police: Man Arrested in Etan Patz Disappearance NYC Protests: the Revolution Will Be Scripted Chicago U.S. Attorney Fitzgerald Resigns
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Popular Searches
Powered by Local.com