You have no doubt heard some discussion of renewable energy in the form of windmills in Kansas. Much debate has raged and we are now in a position to give the definitive opinion on the future of wind energy.
The unequivocal answer is: It’s anybody’s guess.
In 2009, Kansas enacted the Renewable Energy Standards Act, basically requiring the state to obtain 20 percent of its energy from wind and solar sources. Now we see massive windmills being erected along Interstate 70 and beside other previously scenic roadways. These turbines are hundreds of feet high and weigh as much as 300 tons. Billed as a green alternative to oil, gas or coal energy, a whole new crop of environmental issues has developed around these behemoths. On the other hand, they create a source of renewable energy which the world needs. Green forces are divided on whether wind farms are good or bad. Now the Kansas Legislature is considering a repeal of the sustainability standard.
Damage to wildlife is very much an open issue, with substantial empirical evidence that turbines are dangerous to birds. The noise created may lead to other issues for animals and people alike. Loss of value to adjacent lands has been proven in at least one case. Moreover, a lot of legal questions have yet to be answered. What happens when an upwind owner usurps the draft of a downwind owner? Do the animal conservationists have standing to sue for the danger to protected species such as prairie chickens or is this a violation of the public trust? Can the state lawfully support one form of energy and one industry over another? What about easements for transmission lines and access to the energy grid? Will condemnation enter into this picture? In 2009 the Kansas Supreme Court upheld a county ordinance banning commercial wind farms. The answers to these and many more questions will evolve over the next several years. Look for a lot of developments to clarify the viability of these giants in state legislatures and courtrooms in the near future. Don Quixote may ride again. Meanwhile—“The answer, my friend, is blowin’ in the wind.”
