Dust in the Wind : Regulation as an Essential Component of a Sustainable and Robust Wind Program

The promise of alternative energy has not yet reached its full potential, in part due to a lack of political will as well as a failure to dedicate regulatory resources. Individual and community efforts to maximize alternative fuel sources have resulted in equal parts under-realized promise and unreasonable critiques. As the impending threat of climate change looms, activists and politicians alike realize the increasing urgency to reduce America’s use of fossil fuels. Yet, any energy solution aiming to find an alternative in wind, solar, biomass, and hydropower will be handicapped by the lack of the very infrastructure and regulation that supports traditional energy.A prime example of this is the wind energy industry. Over the past twenty years, utility-scale wind energy emerged in a regulatory vacuum. Wind farms emerged on the Kansas, Texas, and Oklahoma plains, and in the California hills. Despite the beauty of the spinning turbines on the High Plains, known as the Llano Estacado , these turbines nonetheless create ecological impacts. Operating in a regulatory vacuum, renewable energy visionaries, businesspeople, and developers forged ahead to refine the technology, leaving wildlife, tribes, and nearby residents alone to absorb the unintended consequences alone. As a result, “green on green” lawsuits have begun, as environmental activists and industry opponents begin to question the value of this alternative energy source. This Article takes the position that wind energy is desirable and an important part of a diversified energy portfolio. An increased level of regulation is necessary to prevent the drawbacks of wind energy from undermining the growth in the sector. Indeed, regulation is necessary to have a sustainable wind program, and to support growth in the renewable energy sector