Kim Diamond gave a presentation at the American Wind Energy Association WINDPOWER 2016 Conference on May 25 in New Orleans. Her presentation, entitled “Wake Effects, Wind Rights, and the Crucial Roles of Science, Property Rights, and Public Policy” explored the monetary consequences associated with wind wakes between adjacent wind farm developers.
Kim talked about how wind developers’ failure to take adequate measures to protect their wind farms against wind wakes from their upwind neighbors may jeopardize their realization of the investment-backed expectation for the land they leased or purchased, potentially costing them millions of dollars in future lost revenue. Her presentation highlighted the case Wind Energy Partnership et al. v. NextEra Resources, LLC et al., a wind wakes case Drinker Biddle won on summary judgment for our client, NextEra. Kim also discussed whether a federally-recognized property right to wind should exist, based on lessons learned from other countries’ laws. Her presentation accompanied the law review article appearing in the William & Mary Environmental Law & Policy Review that she recently published.