Claytons Public hearing on Their Proposed Wind Development Ban

On March 23rd Clayton, NY had a public hearing on a proposal to change their zoning from regulations that attempt to regulate wind energy, to a ban of industrial wind development.

Apparently during that hearing  a number of people showed up with their own zoning alternative offered to the town that would heavily regulate wind energy instead on ban it, most likely to the point it would be difficult for the developer Iberdrola to develop a wind complex in Clayton. 

The premise of this law is that it would better stand a legal challenge, or in addition stand against the state's Art 10 process that has the power to preempt zoning it deems too burdensome.  They contend a ban would be easily defeated.

Mr. John Droz, a self proclaimed "energy expert" basically wrote this zoning alternative for the town to consider or adopt for free.  Droz has been an anti wind advocate for years, but has recently decided the restrictive wind law approach is the panacea to defeating wind energy.  He contends that his law is solidly based on science that a court or the state could not ignore and would withstand a legal challenge as a result.  I have known John for some time and have had  long conversations and email exchanges with him and I am sure that his science is sound.  That is not the issue.

However, I find a couple of HUGE holes in his and others restrictive wind zoning approach.   They tend to believe they have the lock on the science that will defeat wind energy.  However, the state and the developer has science too and also a very aggressive renewable agenda.  So in court ...or on more importantly on an Art 10 siting board stacked with people from state agencies already endorsing wind energy in NYS, who's science do you think they will lean towards.  Science that run completely contrary to the state's renewable political agenda, or the wind developer expert's science that can enhance the state's renewable political  agenda???

I think it is extremely short sighted, arrogant and in fact delusional to think you simply present your science and the court or state will have to see it your way.  That is a lot of nonsense.

In fact if this approach was actually that simple and the state would comply to YOUR science and town after town defeated wind energy with this approach, they would have an awful time meeting their renewable goals.  now do you actually think that is going to happen??? 

In fact the state has billions in green funding to assist renewable developers, and they aren't going to let little local restrictive wind laws, science or not to stand in the way.

Droz and the wind law science  approach supporters have completely disregarded the political forces involved when in fact the fight has nothing to do with science. It is big money lobbyists pressure  and corporate profits.  The wind law promoters are deluded if they think they have the only science the state or court will listen too.

And the one thing they seem to ignore, or at least discount is the fact that the state can simply preempt any restrictive zoning regulation.  10 siting where the state did exactly that in power plant siting.

Why is there a preemption clause to override local restrictive laws at all in the Art 10 siting process???  Have them explain that one to you.  It is because the state intends to use it and they won't give a damn about your science when they do.

What Droz and others don't seem to grasp is that preemption is in fact locked and loaded aimed directly at the type of restrictive laws they are touting so arrogantly. And  I seriously doubt their restrictive law will withstand any assault by a court or Art 10 siting board.  Because politically that cannot be allowed to happen due to the state's and Cuomo's green political agenda.

Besides are these people so out of touch that they think they have fooled the state?  In effect there law IS a ban, just with a lot of trickery to make the state think it is "reasonable"  I wonder...do they really think the state is that stupid?

And apparently wind developer Iberdrola asked the town to not prevent them from developing with a ban, but to sit down with them and develop a reasonable wind law.  Yeah I'll bet they would and the town would be a fool to do so.

 That ought to tell you something about that wind law approach and how it would work.  They would love to get the town on that wind law playing field.  Because they know they can defeat it, especially with the state's preemption backing them.

Clayton would very very ill-advised to take Droz's alternative law.  Not to mention Droz isn't even from Clayton and won't have to live with his results if he is wrong!