U.S. District Judge Timothy D. DeGiusti failed to issue a permanent injunction and dismissed a nuisance case on Thursday against an 11,000-acre wind farm located in Canadian and Kingfisher counties, according to The Oklahoman.
The 149-turbine wind farm is owned by First Reserve Corp. and operated by Apex Clean Energy Inc. The lawsuit was filed before construction began on the project. The wind farm became fully operational in March, according to the report.
“At this late stage of the litigation, after a full opportunity to conduct discovery and marshal evidence, the injuries cited by plaintiffs are simply too speculative to constitute harm sufficient under the anticipatory nuisance theory,” DeGiusti wrote in his dismissal order.
Seven adjacent neighbors formed the Oklahoma Wind Action Association and filed a lawsuit in 2014 against Kingfisher Wind LLC. Worried about the noise and health effects of the $450 million wind farm, the landowners sought an injunction to relocate the turbines at least two miles from their homes.
“To say that we are extremely disappointed is putting it mildly,” Walker said. “This is an injustice to the people of Oklahoma who need protection from massive corporate wind companies who can do whatever they want,” said Terra Walker, one of the neighbors. “There are no real regulations in place to protect people who are suffering from the effects of having wind turbines right next to their homes. They are ruining people’s lives, and we can’t find any protection or relief.”
