Negotiating the Wind: A Framework to Engage Citizens in Siting Wind Turbines

Authors

Sean F. Nolon, Vermont Law School

Abstract

In Section I, this Article explores the promotion of wind energy by looking at the current system of incentives and regulations, including the authority to mitigate adverse impacts. In Section II, the Article looks at the role of citizens in siting generally, how involvement can turn into opposition, and how that opposition can be managed productively. Section III explores three approaches to citizen engagement that have been used for decades-participatory planning, negotiated rulemaking and facility siting. Finally, Section IV provides a framework for the federal government to work cooperatively with state and local governments to create comprehensive wind energy plans with significant citizen involvement. While this framework is ambitious and novel, the individual process components have all been applied successfully in other contexts.

Disciplines

Air and Space Law | Dispute Resolution and Arbitration | Jurisdiction | Land Use Law | Law

Recommended Citation

Sean F. Nolon, Negotiating the Wind: A Framework to Engage Citizens in Siting Wind Turbines, 12 Cardozo J. Conflict Resol. 327 (2011).
Available at: https://larc.cardozo.yu.edu/cjcr/vol12/iss2/4