When it comes to nuisance suits based on aesthetic issues, Butler explains that "the courts have been extremely hesitant to label ugly, unattractive, or otherwise visually unappealing structures as nuisances" (p. 1350). The author argues in his Conclusion that a "balance must be struck" so when a wind energy development is proposed it doesn't have to go through a jury trial to get a building permit. In that regard, Butler argues, courts should not hesitate to "dismiss nuisance claims based on noise from wind developments when the pleadings show that the turbines have been reasonably sited" (p. 1373).
There is no simple answer to "d" -- but when it comes to offshore wind power there are regulatory issues and aesthetic issues that must be mitigated.
Synder, Brian, and Kaiser, Mark J. "Offshore Wind Power in the U.S.: Regulatory Issues and Models for Regulation." Energy Policy, Vol. 37, 4442-4453.
This article is published by the LSU Center for Energy Studies, and the quality of the objective research is very clear from the outset (ethos/Logos). The presentation is scholarly driven and there is little emotion involved (pathos) other than that the literature provides potential guidelines by scholars, not corporations or entrepreneurs.
Denmark is the world's leader when it comes to offshore wind power (about 20% of all electricity produced in Denmark comes from offshore wind energy), but other northern European nations (Holland, Ireland, Sweden and the UK) are building offshore wind farms as well. Currently in the United States there is no regulatory system in place, but other problems are also standing in the way of offshore wind farms. Synder explains that the U.S. could learn how to regulate offshore wind farms by going to school on what the UK and Denmark have done. While the UK has several overlapping agencies that a wind farm developer must get licenses from, Denmark has one agency responsible for licensing wind farms, the Danish Energy Authority (DEA). "The DEA provides...
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