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Principles for Siting Renewable Energy Projects: A Response to Deals in the Heartland

Deals in the Heartland: Renewable Energy Projects, Local Resistance, and How Law Can Help is really important and timely in that it asks some key questions and makes some key points. One of the important observations in the article, and the authors’ rationale for tackling these siting issues, is that if we continue to do things as we have, there will be more renewable energy projects that fail than need to fail. Part of what that means is tackling the conflicts around renewable siting.

Reinforcing the Positive Benefits and Attitudes

Deals in the Heartland: Renewable Energy Projects, Local Resistance, and How Law Can Help disproportionately focuses on the negative and the opposition’s talking points with respect to wind energy projects. While it is important to highlight the challenges we are facing, it is also important to highlight the actual data. For example, the article reiterates a lot of the negative impacts around wildlife, sound, health, aesthetics, shadow flickering, and property values.

Deals in the Heartland: Renewable Energy Projects, Local Resistance, and How Law Can Help

This Article offers proposals for better engagements, relationships, and deals with local communities contemplating wind farms. Because the rapid expansion of wind energy to date has exhausted the first-mover rural communities, the promise of wind energy depends on reluctant rural communities that may require the legal, relational, and policy innovations proposed herein if they are to grant their consent to future wind farms and participate in the renewable energy transformation.

Cook Inletkeeper v. U.S. Department of the Interior

A district court remanded without vacatur the Bureau of Ocean Energy Management's (BOEM's) final EIS and record of decision (ROD) for a 2022 oil lease sale in Alaska's Cook Inlet. Environmental groups argued BOEM's review of the lease sale and ROD violated NEPA, and moved to remand and vacate both. ...

Healthy Gulf v. Federal Energy Regulatory Commission

The D.C. Circuit granted in part and denied in part petitions to review FERC's authorization of construction and operation of liquefied natural gas facilities in southwestern Louisiana. Environmental groups argued FERC did not properly address NEPA and Natural Gas Act requirements. The court found F...

International Dark-Sky Ass'n, Inc. v. Federal Communications Commission

The D.C. Circuit affirmed a Federal Communications Commission (FCC) order licensing a new satellite system. An environmental group argued the FCC's decision not to perform an environmental review of light pollution and atmospheric effects of the system violated NEPA. The court found the license fell...

Sierra Club v. United States Department of Energy

The D.C. Circuit dismissed a petition to review DOE's decision to remove a free-trade restriction on liquefied natural gas (LNG) exports. An environmental group challenged the removal, arguing a Texas LNG terminal's increased flexibility to select export countries will cause its actual exports to in...