Legal Question in Environmental Law in Illinois

Re: Can I sucessfully sue to stop wind turbines to prevent loss of historic landmark

I would need to read the relevant statutes and other requirements for historic landmarks but loss of a view seems like a hard case to make for development on what is someone elses property. (There are several key facts missing from your initial request for info).

Has there already been a historic landmark designation made? That may help on the second part of your question which seems a better argument. That is, can we show that vibrations will occur from the type, number, and proximity of the windmills?

Maybe this constitutes a nuissance. If so will it affect many people or just you?

Most importantly, is there any federal component to this? i.e., Is this a federal project, is there federal funding involved, or is a federal permit required? If yes to any of these items then a review of the environmental consequences and alternatives will likely be required.

This is a substantial undertaking and federal agencies cut corners on this requirement quite often. Citizens have been fairly successful enforcing these requirements using the citizen suit provision.

In the end, however, the NEPA review only requires the agency to take a hard look at the alternatives. It does not require any particular choice, or even the best one, to be made.

Any court will also need to weigh the benefits to the public from wind energy versus the good to the public from the historic landmark if the request for relief is in equity. Equity is asking for an injunction rather than asking to be compensated for your loss.

You also might consider what steps can be taken to mitigate the vibration damage. Will baffles of some sort reduce vibrations through the air? Can something be driven into the ground to reduce or redirect the vibrations? I think we can look into these directions and if there is some mitigation measure, try to get the owner or regulators to require them.

Please feel free to give me a call to discuss this further.

Re: Can I sucessfully sue to stop wind turbines to prevent loss of historic landmark

It is difficult to oppose wind energy in Illinois because the State very much supports it. With that said, one of my colleagues has recently opposed a project, and was successful, but did so more politically than legally. The historic landmark twist adds some possibilities, but what proof do you have that the vibration will damage the buildings?