For better or worse, wind power still loosely regulated
UT professor to teach wind law class this semester.
By Asher Price
AMERICAN-STATESMAN STAFF
Wind farms are being built in several parts of Texas, including the Panhandle and the coast. These turbines are near Snyder in West Texas. Monday, January 14, 2008
If Texas' wealth over the last century came from oil, wind farm developers are banking that a chunk of the state's future prosperity will come from an above-ground resource.
The wide-open feel of the burgeoning industry, with windmills cropping up like wildflowers in the Panhandle, in West Texas, and along the Gulf Coast, harks back to the legal situation in the days of Spindletop.
"With wind law and the wind industry, what's happening legally is about the same place the oil industry was 100 years ago," said Ernest Smith, a University of Texas law professor who will teach a course in wind law this semester. "It's virtually unregulated. People realize there's great value to it, but there's no precedents in case law and very little statutory help."
But as windmills go in the ground, will regulation catch up?
Controversies over wind farms, especially those along the coast, have headed to the courthouse.
In Kenedy County, a motley crew of birders and the King Ranch are challenging two wind farms that they say will lead to the deaths of thousands of migratory birds....>
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