Why U.S. States Should Take the Power Back: Avoiding Paralysis in the Siting of Wind Energy Systems

February 2006
Citation:
36
ELR 10125
Issue
2
Author
James R. Drabick

Editor's Summary: Despite the multitude of benefits offered by wind energy systems as compared to more traditional energy production methods, proposed wind developments in the United States often face an upwelling of community opposition. Because the siting of wind energy systems in most states is governed primarily at the local level, with little to no state intervention or guidance, the result is a repetition of the same debate, likely involving the same potentially exaggerated concerns, played out in different communities across the nation. In this Article, James Drabick argues that state governments can tackle this problem either by urging communities to engage in a planning process for wind energy development prior to the receipt of a development application, much as many European countries have done, or by taking back the permitting authority for themselves. These prospective frameworks are better equipped to serve the needs of wind developers, communities, and the nation because they bring stability and predictability to the permitting process.

James Drabick is a J.D. candidate at the Georgetown University Law Center, Class of 2006. He would like to thank Georgetown University Law Center professor Peter Byrne for his help in developing this Article topic. He would also like to thank Mark Drabick, whose wind turbine in Orford, New Hampshire, though in disrepair, served as the inspiration for this Article.
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Why U.S. States Should Take the Power Back: Avoiding Paralysis in the Siting of Wind Energy Systems

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