When Moral Wisdom is Lost

The Barnstable Superior Court’s recent preliminary injunction against the Town of Falmouth on the operation of its two municipally owned wind turbines is an exemplary case of a moral hazard being adjudicated upon a community.  Moral hazards are detrimental economic impacts in which an individual or an institution does not take into account the full consequences or responsibilities of its actions or the harm that can be caused in whole or part upon others.  

The shock of the sudden court order to further curtail operation and the revenue stream from turbine operation over an alleged nuisance claim will gravely impact the economic health of Falmouth.  The order calls for suspension of turbine operation on Thanksgiving, Christmas, New Year’s Day and Sundays and limited to 12-hours per day for the 75 days following the November 21, 2013 court order which also pertains to the windiest period of the year – an incremental loss of about $120,000 for that period alone for both turbines over the Selectmen’s temporarily instituted 16-hour/day operation.

The order will thus cause the Town to operate at a deficit and face the possibility of defaulting on budgetary commitments unless it immediately cuts services to its citizenry per the testimony of the Falmouth Town Manager at the hearing on November 21, 2013 once again over an alleged nuisance complaint. 

Accordingly, the court has recklessly overridden the Selectmen’s ongoing effort to resolve the matter in a fair and equitable manner for all parties.  Their objective has been to assure and sustain the Town’s economic viability while working toward gaining an accurate assessment of and measures to address the alleged impacts.  The court order has thus placed the Town in immediate financial jeopardy.

What could that jeopardy involve?  Not only will there be a reduction in essential services -- potentially including education, emergency management and first responder systems (fire and police), drinking water supply, and wastewater management among others -- but also the jobs of some municipal employees may need to be terminated or cut back due to the revenue shortfall from additional turbine curtailment.  Yes, over the yearend holiday season due to the court’s decision, Falmouth’s employees will no doubt be anxiously contemplating with their families an uncertain future for their livelihood and again for what – an alleged nuisance complaint.

From the court decision as written, it is clear that critical analyses of the claims of adverse impacts from wind turbine operation were absent.  These analyses should include the findings from pertinent comprehensive expert evaluations that show that sound and infrasound from wind turbines do not cause adverse health effects or, for that matter, do not cause a corresponding drop in real estate value. 

To cause a moral hazard arbitrarily by suddenly placing a community’s governmental services in serious financial difficulty on the basis of an alleged nuisance claimed by one household is no less than a fundamental flaw in judgment and one that can cause significant harm to the full cross-section of a community.  The injunction should be appealed by the Town of Falmouth for an immediate reversal and a stay of the court order. 

Otherwise, the impacts from what appears to be a punitive court action, especially if affirmed, are sure to result in enormous, unforeseen consequences and hardships for the residents, businesses homeowners and employees of Falmouth.  Perhaps the court will take the responsibility of deciding which services and jobs will be cut or reduced as it has ruled on the economic sustainability of Falmouth.

This blog was first published in the Cape Cod Times as a "My View" opinion piece on December 11, 2013.