Battle over wind turbines returns to court
Apr. 5—CUMBERLAND — Advocates for and against a proposal to build energy-producing wind turbines on Dans Mountain squared off in a zoning hearing Wednesday, reigniting a dispute that has dragged on for 16 years.
The case, which a previous judge called "a tortured history" with origins dating back to 2008, was once again on display as attorneys for the Clearway Energy Group, who wish to place nine turbines on Dans Mountain, clashed with counsel representing Allegany Neighbors and Citizens for Home Owners Rights during an evidentiary hearing at Allegany College of Maryland's Zimmer Theatre.
The citizens' group opposes construction of the windmills while the power generating companies, this time Clearway Energy, wish to build the turbines.
The hearing, held before the Allegany County Board of Zoning Appeals, is the latest among dozens of court cases. The parties have gone back and forth with each getting favorable rulings only to be followed by a setback in an appeal hearing.
Wednesday's hearing was to determine if recent action taken by the Allegany County Zoning Department — certifying the project and granting it special exception to proceed — was valid. The citizens' group is challenging the action saying the ruling did not consider the latest set of plans developed by Clearway.
Clearway Energy's proposal includes a reduction in the number of turbines to be constructed. A previous builder had plans to install 17 turbines while Clearway proposes to install nine.
Attorney Gorman Getty defended the county's decision to approve the project while Grant A. Geil of Towson represented the ANCHOR citizens group.
Getty said that technology has changed over the years.
"It has resulted in being able to reduce the number of wind turbines necessary to create that level of power by reducing it from 17 to nine," Getty said. "The evidence will show ... that our use is the same. It is a wind energy project. We are here after (Allegany County) made the determination."
Getty said the action taken by the county was consistent with current law.
"It was not a one-off decision by the county," Getty said. "It is consistent with the zoning ordinances for Allegany County. We believe the legal analysis will demonstrate to you clearly ... that this is a correct and well-reasoned and thoughtful application of existing Maryland law."
Geil said the difference in the number of turbines proposed warrants a new hearing.
"We say the change in the actual turbines in themselves is such that they are materially different in their impacts; that they will need to undergo a new variance and special exception hearing," Geil said.
"The new turbines are approximately twice as tall as the old ones were and are generating approximately three times more electrical output," Geil said. "Where they were previously 1.5 to 2 they are now over 6 megawatts per turbine. Where they were previously at 350-ish feet, they are now at over 700 feet."
Geil also claimed that testing and other precautions for the monitoring of ground water quality at the location has not been satisfactory.
The hearing is expected to be the first in a series to take place over the coming weeks and months in an effort to come to a conclusion on the project's future.
Greg Larry is a reporter at the Cumberland Times-News. To reach him, call 304-639-4951, email glarry@times-news.com and follow him on Twitter @GregLarryCTN.
