Falmouth Wind Turbines U.S. Department of Justice Review Needed

Massachusetts has its share of corruption with the last three state Speakers of the House leaving their posts over corruption. Most notably former Speaker of the House Sal DiMasi the father of the Massachusetts Green Communities Act was recently released from a federal prison serving an eight-year term. At the time of the enactment of the Green Communities Act, wind turbines were the means to reach the renewable energy goal of 2000 megawatts of power by the year 2020.

The President of the Massachusetts State Senate an ocean wind turbine advocate just recently stepped down over more accusations and the FBI is looking into the husband of the Senator.

Former State Senator Brian Joyce a wind turbine advocate was also recently arrested at his Westport home and charged with more than 100 counts of criminal behavior for allegedly using his Senate office for personal gain. Joyce is charged with racketeering, extortion, mail and wire fraud, money laundering, conspiracy to defraud the IRS and other crimes.He allegedly created a company called Windswept to collect the kickbacks.The projects included insuring renewable energy projects where money was swept back to Windswept.

The Town of Falmouth was ordered to shut down its two commercial wind turbines June 20, 2017, by the Massachusetts Superior Court as the turbines are a nuisance.The town hid a letter from the public for years that they had known prior to construction the turbines generate 110 decibels of noise each.

The Town of Falmouth received a federal stimulus loan from the American Recovery and Reinvestment Act of 2009 to buy the foreign made Vestas wind turbine even after General Electric a domestic company refused to build wind turbines in Falmouth because of residential setbacks and ice throw to a nearby highway.

The ARRA stimulus loan/grant should never have been made.

The Town of Falmouth through the Massachusetts Department of Environmental Protection using state SRF, State Revolving Funds, entered into a "Project Regulatory Agreement" power production agreement. The wind turbines caused catastrophic health problems. The MassDEP never enforced noise regulations because of regulatory capture. In other words, the MassDEP ignored its own noise regulations to provide a power production agreement in Falmouth.

Susan Perez Executive Director of the Massachusetts Water Trust in August notified the Town of Falmouth they would get a 3 million dollar interest break on their loan/grant program established under the American Recovery and Reinvestment Act of 2009 because of the court order.The funds were awarded by the Clean Water Trust.

The ARRA stimulus funds were used to torture the neighbors of the Falmouth wind turbines who describe the noise as torture from lack of sleep and unable to work in their yards during the day. The ARRA stimulus funds were to buy American and put Americans to work not to buy foreign made Vestas wind turbines they knew generated 110 decibels of noise each.

The mission at the Office of the State Treasurer, Barbara Goldberg and Receiver General of Massachusetts is to prudently manage and safeguard the state's public deposits and investments through sound business practices for the exclusive benefits of our citizens, and perform these duties with integrity, excellence, and leadership. How did the Massachusetts Department of Environmental Protection ever get involved in brokering "Project Regulatory Agreements" aka wind turbine power production agreements?

In July of 2017, the Falmouth Select Board voted not to appeal the June Massachusetts Superior Court ruling that the turbines are a nuisance. Falmouth Select Board Chairwoman Susan Moran said: "It's time to put the matter behind us."

The Falmouth Select Board has a history of reneged agreements over the wind turbines and appears to be the current method of operation.

The purpose of the 2012 Falmouth Wind Turbine Option Analysis Process (WTOP) was to engage with the neighbors of the turbines in an open, transparent, and collaborative exploration of the range of options for the long-term future of the Town's two Wind Turbines – Wind I and Wind II." The meetings lasted one year at a cost of $139,000.00. The town hid the Vestas 110 decibel warning letter from the meetings. Not very honest.

On November 7 of 2013 Town counsel Frank K. Duffy and former select board member Rebecca Moffitt, representing the town, came to an agreement in Barnstable Superior Court over the wind turbines with the neighbors. The Falmouth select board reneged on that agreement one week later.

July 25, 2016, the Board of Selectmen announced they voted in executive session to authorize Town Manager Julian M. Suso, Town Council Frank A. Duffy Jr. and the town’s insurer, Massachusetts Interlocal Insurance Association, to participate in mediation with all parties in pending wind turbine litigation to resolve all outstanding suits and claims. The negotiations did not include the Massachusetts Clean Energy Center. The negotiations went nowhere.

The Falmouth Select Board 6 months later has not appointed a committee to take down the wind turbines despite the three million dollar interest break granted by the board of trustees of the Massachusetts Clean Water Trust in July of 2017

The Falmouth Select Board at every meeting places since the state approved the interest break places on the agenda "Discuss resolution of all turbine litigation." This prevents or muzzles the citizens of Falmouth to ask questions about the wind turbines in open session as the board has wind turbines on the agenda.

The United States Attorneys’ Office needs to step into the financing of the Falmouth wind turbines using American Recovery and Reinvestment Act stimulus funds, a Federal EPA waiver to buy a foreign made wind turbine after General Electric a domestic company refused to build a single turbine because of residential setbacks and ice throw.

The United States Attorneys’ Office needs to look into the warning letters, maps, memos, and emails prior to and during the construction of both Falmouth wind turbines that show the town knew they were taking the health and property rights of up to 200 residential homeowners.

A civil right is an enforceable right or privilege, which if interfered with by another gives rise to an action for injury. Discrimination occurs when the civil rights of an individual are denied or interfered with because of the individual's membership in a particular group or class.

Falmouth Massachusetts has a class of people,200 residential homeowners,who have had their health and property taken with no compensation since 2010. Class action can be certified under Rule 23(b)(3)