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Wind Energy Development in the United States: Applying the Nuisance Argument to Address
Impacts to Visual Values.
Jenna Sloan
ABSTRACT
In the recent decade, the rate of nonrenewable energy consumption has been called to
question in terms of its sustainability for our future generations. Therefore, renewable
sources of energy, including wind energy, are experiencing expansive exploration and
development. Wind energy development is explored as a potential land use in many areas
across the United States, though it is not with sometimes detrimental conflicts with other
land uses and resource values. A primary resource value wind energy development is in
conflict with is the scenic, aesthetic, or otherwise qualitative visual value of a landscape.
Appropriate planning may mitigate impacts to visual values, but the visual quality of a
landscape will remain impaired. Impairment of visual values leads to conflicts among
stakeholders, and legal challenge to proposed and/or implemented development is
becoming more common as a result. This paper first describes the institutional
environment that serves as the framework for the planning and siting processes, describing
both the governing laws and regulations and the important nuisance issue and applicable
laws. A review and summary of relevant case law is presented to provide the precedent set
for the viability in using the nuisance argument in the legal system. This paper concludes
with a discussion of the application of the nuisance argument for wind energy development
cases as well mitigation measures for future development.