The Fight For Downstream Wind Flow

Law360, New York (May 25, 2011, 2:51 PM EDT) -- Accusations of “stealing” the wind have become popular in recent years among wind farm developers and neighboring landowners. While it is still largely an open question whether an ownership right exists in wind, such accusations create a sympathetic public which spells danger for a wind farm developer. Wind farm developers should be aware that these accusations can create regulatory challenges that may derail their entire project.

Emerging legal issues around wind flow rights have caused developers of wind energy projects to execute various instruments to secure...
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