Wind Victims Denied "Due Process"

"Due Process" Massachusetts Superior Court
"Due Process" Massachusetts Superior Court
      Due Process & Wind Turbines - Have You Been Denied Due Process   The Fifth Amendment says that no one shall be "deprived of life, liberty or property without due process of law."   The Fourteenth Amendment describes the Due Process Clause as "deprived of life, liberty or property without due process of law."   The Equal Protection Clause of the Fourteenth Amendment forbids the states from discriminating invidiously against some of their citizens.   The Due process clause also promises that before depriving a citizen of life, liberty or property, government must follow fair procedures.   Suppose, for example, Massachusetts enacts regulations to build commercial wind turbines, but doesn't say anything about the health and safety of residential abutters. Before the state can take that right of health and safety away from a residential home owner, by allowing the building of the turbines, it must provide fair procedures: Due Process.   In 2008 Massachusetts enacted legislation known as the Green Communities Act. This act is taking health and constitutional property rights of residential home owners. That was not intent of the act .   Massachusetts has never provided wind turbine victims  “some kind of a hearing,” giving the citizen “the right to support his allegations by arguments however brief and, if need be, by proof however informal.” Not one wind victim in Massachusetts has been examined by the Massachusetts Board of Health or interviewed by the Massachusetts Department of Environmental Protection.   Have the wind turbine victims been provided : an unbiased tribunal, notice of the proposed action and the grounds asserted for it, opportunity to present reasons why the proposed action should not be taken, right to present evidence, including the right to call witnesses, right to know opposing evidence, right to cross-examine adverse witnesses, decision based exclusively on the evidence presented, opportunity to be represented by counsel, requirement that the tribunal prepare a record of the evidence presented and requirement that the tribunal prepare written findings of fact and reasons for its decision.   These are simple procedures that might be claimed in a "due process"
Frank Haggerty March 15, 2014 at 08:05 PM
A rotten carcass of a butt, not rigg'd, Nor tackle, sail, nor mast; the very rats Instinctively had quit it The Tempest, William Shakespeare
Laura Griffin March 16, 2014 at 07:29 PM
Funny how some of the more uninformed on this topic think that Big Oil is behind the anti-wind movement. Here's a newsflash for you (and you would know this if you had the tiniest modicum of education on industrial wind turbines), Big Wind IS Big Oil. Enbridge, Suncor, Shell and BP are all heavily invested in wind. Now what?
ifish02719 March 17, 2014 at 08:08 AM
That statement is disingenuous at best. The fact that a small number of large energy producers also operate large wind farms has nothing to do with the Falmouth or Fairhaven situation. And it certainly does not negate the active opposition to alternative energy funded by the multi-hundred billion dollar coal, oil and gas industry. I note you did not mention the name Koch.
Blowin Smoke March 17, 2014 at 09:59 AM
Ms. Griffin's statement that big oil has invested in wind energy is good news, and not a surprise. Even the most entrenched fossil fuel interests recognize that dwindling fuel reserves, and the dire costs of climate change, necessitate a rapid transition to other energy sources. Texas, not known as a haven for environmentalists or liberals, has the most installed wind power of any state, over 12,000 MW. Wind power accounted for 8.3% of the electricity generated in Texas during 2013.. http://en.m.wikipedia.org/wiki/Wind_power_in_Texas
Charles Ochs March 17, 2014 at 11:07 AM
Obviously, Laura needs to expand her reading list ! Perhaps turn off the Fox !


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