Residents Sue Noise Engineer for Negligence

Residents living near the Hardscrabble Wind Development in Herkimer County, New York, are suing the noise engineer, Mark Bastach, and the firm which employed him, CH2M Hill.

In addition to the noise engineer (acoustician) the residents are suing the Spanish Wind Energy developer Iberdrola, for developing the symptoms characteristic of Wind Turbine Syndrome, loss of property value, loss of living amenity, loss of business income, and damage to domestic animals and livestock.

Click here to read the legal brief, dated October 22, 2012.

Excerpts from the case specifically against noise engineer Mark Bastasch and his employer, CH2M Hill:

128. The studies performed by CH2M Hill, Inc. and Mark Bastasch, P.E., INCE lacked a total and real assessment as it related to the potential harm.

129. It is a requirement of acoustic engineers, pursuant to the International Conference on Electrical and Electronics Engineering and civil engineers (as per New York State licensure) to protect public safety, health, and welfare.

130. Defendants knew or should have known that the wind turbines erected produce acoustic pressure pulsations that affect peoples’ health.

131. It was the responsibility of CH2M Hill, Inc. and Mark Bastasch, P.E., INCE to advise their clients and the public, including Plaintiffs, of the potential for adverse health risks and other impacts to property in the Hardscrabble project area.

133. As a result of the aforesaid, the Plaintiffs have suffered significant and permanent injuries as more fully set forth herein.

134. The amount of the damages sustained herein by Plaintiffs exceed the jurisdictional limits of all lower courts.