Harnessing Wind Is Not (By Nature) Environmentally Friendly

Abstract

This article seeks to examine the existing regulatory framework and tools for addressing the environmental impacts of wind energy. The introductory discussion of the potential environmental impacts of wind energy generation and wind farm development reveals the need for regulation of these impacts. The potential for wind energy to provide a clean, economical, and renewable supply of electricity must be weighed against the potential for wind energy development to impact bird mortality, degrade ecosystems, and harm endangered species and endangered species habitats. Next, this article examines the development and use of wind power in the existing regulatory context, and considers analogous case law and legal tools potentially applicable to the environmental impacts of the mass development of land-based and offshore wind power farms in the United States. Finally, this article summarizes the regulation of wind energy environmental impacts and the application of existing law to these environmental issues, and offers recommendations for legal guidance in the siting and engineering of wind farms.