|dc.contributor.advisor||Paddock, LeRoy C. (Lee)||
|dc.contributor.author||Burke, Hugh Brendan||
|dc.description||CIVINS (Civilian Institutions) Thesis document||en_US
|dc.description.abstract||An “all-of-the-above” energy policy, driven by concerns about climate change and
energy security, has led to the emergence of wind power as an energy resource of choice.
Wind energy conversion systems emit no greenhouse gases and discharge no water.
Because wind is a free “fuel,” wind farms are considered reliable low-cost hedges against
fluctuating fossil fuel prices.
Wind energy systems do have drawbacks, however. Among these, the mechanical
and electromagnetic properties of wind turbines pose significant hazards and
complications to U.S. Department of Defense (DoD) military installations and activities.
These encroachment concerns, many of which are common to civil aviation, include
interference with air traffic control and other radar systems. One ramification of these
hazards and complications is the very real potential for conflict between the public’s
interest in national security and its interest in developing renewable energy sources to
protect the environment and achieve energy independence.
Because utility siting decisions are made at the state and local level, the federal
government’s ability to guard against these hazards to civil and military aviation and
other military activities is limited to advisory determinations issued by the Federal
Aviation Administration. In 2013, North Carolina enacted a statute requiring early and frequent
consultation with DoD officials as a prerequisite to applying for and issuing permits to
construct wind farms. This statute potentially operates to effectively allow DoD, a federal agency with no independent federal authority to influence wind siting actions, to
prevent the state from issuing a wind farm construction or expansion permit. This thesis
will explore the recent North Carolina statute and explain how it could allow DoD to
effectively prevent the state from issuing a wind farm construction permit. This thesis
will also analyze whether it is advisable for a state to grant this type of “soft veto” to a
federal government agency, and consider whether it is appropriate for DoD to exert this
level of influence over the state permitting process. In the end this thesis argues that the
North Carolina law can serve as a model for other states with installed or potential wind
energy capacity and significant military presence.||en_US
|dc.publisher||The George Washington University Law School||en_US
|dc.rights||This publication is a work of the U.S. Government as defined in Title 17, United States Code, Section 101. Copyright protection is not available for this work in the United States.||en_US
|dc.title||Dynamic Federalism and Wind Farm Siting||en_US
|etd.thesisdegree.name||Master of Laws||en_US
|etd.thesisdegree.grantor||The George Washington University Law School||en_US