Minnesota Court of Appeals Rubber Stamps T. Boone's Lost A#@!

Time for the Minnesota Supreme Court? In an opinion rendered today by the Minnesota Court of Appeals, the three judge panel not only supported the June 30, 2011 decision by the Minnesota Public Utilities Commission, they donned their own cheer-leading skirts, picked up the pom poms and championed T. Boone Pickens' AWA Goodhue project.  The judges were SO enthusiastic they even made up new promotional "facts" never before presented even by the wind developers themselves:


"...modeling studies show that the 10-RD setback would essentially prevent all wind energy projects in Goodhue County—an ideal location for wind development—and, if applied throughout the state, would preclude wind development in the vast majority of Minnesota and thereby drive up the cost of wind power."

Every map ever generated for wind development shows Goodhue County's wind resource to be "fair" at best. "Fair" is not "ideal". 


The question of whether or not the Minnesota Public Utilities Commission (MPUC) decision precludes construction of the AWA Goodhue project, or any other industrial wind project, was not the question before the Court. The question before the Court was whether or not the MPUC had acted properly in accordance with Minnesota law when they trampled Goodhue County's duly adopted land use ordinance. 


The Court also stated that the MPUC has a duty to aid Minnesota's public policy to "promote" industrial wind. "The Minnesota Public Utilities Commission's mission is to create and maintain a regulatory environment that ensures safe, reliable and efficient utility services at fair and reasonable rates". Of course, it's impossible for the MPUC to promote industrial wind and fulfill their Mission at the same time.


The only "substantial evidence" cited by the judges in their "unpublished" opionion, are models presented by the American Wind Energy Association (AWEA) and by the Minnesota Department of Commerce on behalf of AWA Goodhue. 

The same models were used to determine there would be no noise problems in other Minnesota industrial wind projects such as Bent Tree and Elm Creek II- where post construction measurement demonstrated that the projects failed to meet the Minnesota Noise Standard for audible industrial noise. This is the same Minnesota Noise Standard that does not measure unique wind turbine noise, but is the only basis for determining turbine setback from a home.

The same models said projects would not interfere with television reception - that model for signal interference was also proved wrong in the Bent Tree project.

The same models showed no electrical current going to ground - even while the Grand Meadow and Nobles wind projects were burning up underground cables.

AWA Goodhue is the same project and involves the same State employees who stated that there are "Zero bald eagles nesting in the proposed project footprint..." Below is a photo taken last week at one of many nests in and near the proposed AWA Goodhue industrial wind project. The photo shows two of 2012's hatch of American Bald Eagles with either "mom" or "dad". Siting Eagle blogger, Kristi Rosenquist, saw and photographed Juvenile Bald Eagles on or near four of the seven nests she looked at last week. "There may have been eaglets on the other three nests, but the leaf canopy is so dense this time of year that some nests are difficult to see from the public roadways."


T. Boone Pickens said "I've lost my a%& in the [wind] business". He owns the AWA Goodhue project. Citizens of Goodhue County and across American stand to loose a lot more if this project ever moves forward. Citizens will need to decide whether to continue the pursuit for justice.  You can help by making a donation to The Coalition for Sensible Siting.

Adult Bald Eagle with two juveniles 6/22/2012