Two years after a southwest Oklahoma farm couple filed suit against a wind farm operation they contended caused health problems for them, the case is still alive in Oklahoma City Federal Court.
The case involves Randall S. Ware and his wife Susan who filed suit in March 2024 in Caddo County District Court against Caddo Wind, Allete Clean Energy, Apex Clean Energy, Inc., Apex Clean Energy Holdings LLC, General Electric and landowners Bryan and Cynthia Gibbs. The Gibbs were sued because they leased their land for the operation of the wind farm.
The case was eventually moved by the defendants to federal court in Oklahoma City where last week, a notice of video deposition of one of the witnesses was filed. The notice indicated that the Defendant Caddo Wind, LLC would take the deposition of an individual in the offices of an Oklahoma City law firm.
The filing indicates the case is moving forward. The lawsuit stemmed from the Caddo Wind Farm operation in the Pine Ridge Area of Caddo County. The wind turbines sit within 100 yards of the land owned by the Ware and the wind farm site is on land owned by Bryan and Cynthia Gibbs.
The wind farm was developed in 2020-2021 and is one of ALLETE Clean Energy’s two largest wind sites in the state. The other is Diamond Spring in the southern part of Oklahoma.
“The nuisance caused is such that the Plaintiffs are now subject to the loud and constant noise generated by the wind turbine. Because of the noise, Defendants have created a condition that consistently threatens the quiet enjoyment of Plaintiffs’ property,” claimed the Wares in their original lawsuit.
The Wares claim they and their three children suffered health issues because of the close proximity of the wind turbines—tinnitus, dizziness, anxiety, headaches, sleeping problems, depression. They even blamed their “moodiness” on the nearby turbines.
Prior to last week’s notice of deposition, U.S. District Judge David Russell dismissed the suit against Brian and Cynthia Gibbs but denied a request by Allete Clean Energy to drop all other defendants. He also dismissed a claim of trespass.