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Winds of Change: The Creation of Wind Law
Winds of Change: The Creation of Wind Law
First published in the Texas Journal of Oil, Gas, and Energy Law, US 159780V20, August 25, 2010
By Ernest E. Smith and Becky Diffen
In several respects, wind law at the beginning of the second decade of the twenty-first century is analogous to oil and gas law during the early decades of the twentieth century. The analogy is most striking with the law, or lack thereof, for upstream transactions. Although wind farms have obtained hundreds of thousands of easements, wind leases, and other types of development rights, there is, as of yet, no case law interpreting the provisions of these documents.
Similarly, severances of wind rights, either in the form of easements or outright grants of wind rights, have occurred in many states, but there is scant case and statutory law on the effect and validity of such transactions. In many states, the location of wind turbines is either unregulated or delegated to local agencies. Read the full article on the creation of wind law.
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