In a recent article by the Anderson County Review, the conclusion on the non-disclosure clauses or “gag” clauses in wind turbine leases (property owners lease their land to wind power developers for terms of 20 years and more) was that the wind power corporations want silence from the leaseholders because, as the writer says, “If you control the smoke, there is no evidence of a fire.”
Leaseholders or “lessors” as they are called in the contracts, are prevented from revealing or discussing anything to do with the turbine operations on their land for the term of the lease, and that includes noise, flashing lights, the results of any noise testing — everything.
In Ontario, this came up a few years ago over the question of the disturbed water wells in North Kent. The landowners with turbines were probably affected too if vibrations from construction and operation was causing sediment to enter and clog wells, but they can’t say anything about it. The new leader of Water Wells First said last week she “knows there are more wells out there” beyond the 20 or so that are so badly affected they cannot be used.
The question arose, is this an obstacle to public health surveillance? The answer was that individual citizens would have to spend money taking the multi-billion-dollar wind corporations to court to establish that.
Here is the Anderson County Review article:
The wind may blow free, but the use of gag orders in lease agreements and easements that force property owners to keep their mouths shut about the realities they endure as sites for those giant wind turbines makes information flow anything but.
That’s critical in this fat cat, tax-credit fueled industry which, more and more, depends on secrecy as much as it does a steady breeze. Wind farm developers like to point to thousands of lease holders at projects across the country and how few complaints they have about their gigantic neighbors, but they never mention the source of all that satisfaction – prosecution and financial ruination due to gag clauses in those signed leases and easement agreements. Indeed, where you can keep control of the smoke, there’s no evidence of a fire.
Keeping tight control of information and particularly criticism from eye-witnesses is allowing wind companies like those moving against targets in Linn and Neosho counties and other rural communities in Kansas to go about their business without interference from public regulatory authorities and other outsiders who want to chronicle precisely how much damage is being done by wind turbines. Silenced victims suffer for their property, their environment and their own health. But the gag orders that bind those lease holders are clear: Speak up, particularly to the media, and not only will your lease payments disappear but we’ll sue you – and we’ll still have a 55-story tall tower on your land which you can’t stop us from operating.
Perhaps the most damning casualty of this secrecy is in the kibosh it has put to extended research on Wind Turbine Syndrome, a health condition identified among many people living near wind turbines and believed to be caused by light flicker from the moving blades, fluctuations in air pressure as those blades move past their base tower and low-frequency noise they produce. In her book “Wind Turbine Syndrome: A report on a natural experiment,” Dr. Nina Pierpont conducted extensive clinical interviews with 10 families living near wind farm turbines both in the U.S. and abroad. The Johns Hopkins University School of Medicine-trained pediatrician discovered a striking uniformity of complaints from these families – migraine, motion sickness, vertigo, noise and visual and gastrointestinal sensitivity, and anxiety. Between the time of her interviews and the final publication of the book, nine of the ten families had fled their homes for residences away from wind farms, and a 10th who couldn’t afford to move did extensive renovations to their house in an attempt to defeat the pressure and frequency issues, and had reduced air flow inside the home to the point it was now hard to heat.
A full-on epidemiological study however will probably never be done – one that correlates the common symptoms Pierpont identified and possible causes like setback from a turbine and what aspects of exposure to measure – because the bulk of the study subjects are all gagged.
“Better Plan Wisconsin” is a wind farm opposition organization in the Badger State which got hold of a wind farm lease from a farmer who’d had enough. The story is nearly identical state to state and lease to lease. Landowners who sign leases or easements can’t discuss noise, vibration, shadow flicker or any disruptions the turbines might cause to their properties. The gag orders stop all discussion regarding the terms of the lease, or the construction or operation of the turbines, as well as speaking to reporters or to anyone in the media or issuing statements or press releases without the written permission of the wind company. Then there’s this jewel:
“This section shall survive the termination of expiration of this lease,” meaning the gag order survives forever, even after the lease is terminated. Under the threat of litigation, you are gagged for life.
Still, impoverished county leaders and farmers embrace the promise of lease payments and payments in lieu of taxes (Kansas wind farms are exempt from property taxes, unlike other power plants), ignoring the deafening silence coming from those signed to the lease agreements.
Yes, silence is golden. That’s just how the wind companies want it.
– Dane Hicks is publisher of The Anderson County Review in Garnett, Kan.
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