Wind Energy

This article provides an overview of nuisance litigation against wind energy projects, its effects on wind energy development, and proposes a state-level model to mitigate these effects.

It proposes states adopt “right-to-wind” statutes, which grant wind energy developers immunity from nuisance suits given compliance with performance and administrative review standards (p.729). The author notes the threat of nuisance suits is often sufficient to delay or substantively change wind energy projects (p.731). State licensing procedures would incorporate these “right-to-wind” provisions. Under this model, state’s handle complaints administratively rather than judicially.