Consumer Class Action Alleges NextEra Energy’s Wind Turbines Near Residential Communities are a ‘Nuisance’
Kohmetscher v. Nextera Energy, Inc
Filed: March 1, 2019 ◆§ 9:19cv80281
A Nebraska homeowner has filed a class action in which he claims NextEra Energy's wind farms are, among other issues, a nuisance to nearby residents.
NextEra Energy is on the receiving end of a proposed class action lawsuit in which a Nebraska homeowner alleges the electricity provider’s wind turbines placed near residential communities are a “nuisance” and effectively deprive homeowners of the use and enjoyment of their property.
The defendant’s wind farms, the suit explains, generally consist of dozens of turbines that stretch for miles across acres of open land. The plaintiff argues that while wind farms supply renewable energy, they can pose a number of hazards when built too close to homes or residential communities. Specifically, the complaint says light passing through a turbine’s spinning blades creates a “shadow flicker” with an effect similar to that of a constant strobe light. Those sensitive to strobing lights, the suit says, often complain of “severe headaches, nausea, difficulty concentrating, and in some cases seizures.”
Turbines can also be quite noisy, the suit continues, as the blades apparently create “a deep thumping noise” similar to that of a helicopter.
“This constant sound can travel for miles depending on weather conditions,” the suit says, “and results in a decreased quality of life for those within a certain radius of the wind turbines due to stress, loss of sleep, and anxiety.”
The plaintiff argues that despite NextEra’s insistence that the locations it chooses for its wind farms are optimal for the generation of wind energy, their proximity to residential areas can be devastating across the board. The suit states that general annoyance and adverse health effects notwithstanding, it can be difficult for those living near wind farms to sell their homes due to their proximity.
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