Posted on 02/19/2005 8:29:27 AM PST by SmithL
OAKLAND - An Alameda County Superior Court judge has ruled that a lawsuit filed against wind-power companies over the deaths of thousands of protected birds may proceed.
The suit filed Nov. 1 seeks a remedy for the killings of raptors in the wind turbines of Altamont Pass in alleged violation of state and federal wildlife protection laws.
The Center for Biological Diversity, which filed the suit with co-plaintiff Peter Galvin, claims an estimated 880 to 1,330 golden eagles, red-tailed hawks, burrowing owls and other birds of prey have been killed each year during the past two decades by the turbines and related electrical transmission lines. The suit seeks damages that would be used to purchase bird habitats.
Judge Ronald Sabraw ruled Thursday that while the plaintiffs were barred, due to the passage of Proposition 64 in November, from bringing the lawsuit on behalf of the general public, they may continue to press their claims because they, like all Californians, have a property interest in wildlife killed by the turbines.
The suit alleges that violations by wind power companies including FPL Energy, GREP, Green Ridge Power, Altamont Power, Enxco, Seawest Windpower, Windworks, Altamont Winds and Pacific Winds amount to unlawful and unfair business practices.
Attorneys for several of the companies named in the lawsuit did not return calls seeking comment Friday.
On a related front, on March 3 and April 7 the Alameda County Board of Supervisors will hold an administrative appeal hearing in Oakland for 29 permits covering more than 3,600 Altamont Pass wind turbines.
The Center for Biological Diversity, the Golden Gate Audubon Society and Californians for Renewable Energy appealed the permits in November 2003 and January 2004 after the county renewed them. The groups said the renewal decisions did not adequately consider the bird deaths attributed to the turbines.
The March 3 hearing will be informational, allowing the board to be updated on the issue, followed by a vote on the permit appeal on April 7.
Jeff Miller of the Center for Biological Diversity said he would like to see the Board of Supervisors impose California Energy Commission recommendations as part of the permit process.
The recommendations call for a 50 percent reduction in raptor killings during the next three years at Altamont Pass and an 85 percent reduction during the succeeding three years. They also call for wind-power companies to compensate for bird deaths by purchasing replacement habits.
"Our goal isn't to drive anyone out of business or stop the production of wind power," Miller said Friday. "We believe companies can significantly reduce bird kills and continue to make a profit."
Richard Wiebe, attorney for the plaintiffs, said studies have shown that major reductions in bird deaths during the next six years could be accomplished by permanently shutting down up to 650 of the Altamont turbines and closing down the entire operation during the less productive winter months.
Longer-term solutions, according to Wiebe, will involve "repowering" -- or replacing -- Altamont turbines with taller and more efficient models, the blades of which would be higher off the ground and therefore less likely to strike raptors.
There are about 5,400 turbines on the Altamont Pass.
Here is a great picture of the PETA Raptor!
http://www.beesign.at/falten/view/raptor.html
THe picture is protected from remote posting but it loads fast and no malwarez/adwarez
Oh
Now I get it ...
It's a religious organization out to proseletyze the 'lost and misinformed' ..
"We believe companies can significantly reduce bird kills and continue to make a profit."
"Build a reactor instead."
No, despite the anti-nuke kooks' ravings, they are actually an environmental improvement. I would suggest brown coal, or better yet, peat.
Here is a better RAPTOR built just for dealing with these night-crawling terrorists that are caught destroying your property and lives ....
http://www.cox-estes.com/nightvision/4XRaptor-WebPage.htm
I guess that if you're going to go tilting at windmills, that's the way to do it.
Greens fighting greens. I love it.
Environmental wackos using the corrupt lawsuit industry to destroy energy independence.
Survival of the fittest: smart birds don't fly into whirling propellors.
What do you mean protected from remote posting. You mean as in you can't or your should not?
This is so cool. This group of people in California is not allowed to sue for all the people of the state, but just for their "small" group because they have been harmed by the loss of the raptors and other birds.
Why cool? Well, if each person or small group can sue on their own, there is virtually no limit to the money we can milk out of these companies.
Let's say that this group sports 1,000 people. If they win, there is no reason or arguement against the next arbitrary group of 1,000 people from California ALSO suing and winning the SAME amount. Even more rediculous, what if some of these birds are migrating? Can people from neighboring states also then sue for the loss of THEIR birds?
Do you know how many groups of 1,000 or even a million people there are in California? And if this group is expecting to get enough money to purchase acres and acres of land to set aside for the birds, before long the various groups could purchase the entire state!
Cool. Does that mean if they get awarded $3 million, they get to keep, all 20 of them, 20/30,000,000 or $2 apiece? and they have to pay court costs?
Works for me!
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