Wind Energy Projects-Significant Legal, Due Diligence Issues for Developers

摘要

Developers should shield their wind projects from future upwind developments on landowners' land that would adversely affect the wind power that might be generated by the developers' wind projects. Developers should negotiate for a representation, warranty or covenant on behalf of landowners that states landowners will not engage in any activity that obstructs the natural availability, flow, velocity or bearing of wind over the landowners' property.