Wind farms vs. neighbors - Solar, Wind and Land: Conflicts in Renewable Energy Development - page 35

the DOD ultimately concluded that such upgrades could prevent radar
interference problems near the Shepherds Flat project. The UK has also
been upgrading its radar systems to prevent interference with wind energy
development. 98 Studies have shown that the cost of such radar upgrades
is often far less than a wind farm's potential benefits.99 99 “Stealth” turbines
designed to minimize interference with radar systems will also be hitting
the market in the coming years and could further mitigate disputes between
military interests and wind farm developers. 100
Although the dispute at Shepherds Flat was resolved and technological
fixes to the radar disruption problem are often available, these conflicts
could continue to create obstacles for developers in areas of the world that
have yet to update their radar systems. In mid-2012, U.S. Navy officials
indicated that they would oppose any wind energy project within a vast
proposed “adverse impact zone” area covering much of California's Mojave
Desert and portions of Nevada, based on radar interference concerns. 101
Interestingly, local governments might occasionally oppose wind farms
to avoid possible radar interference conflicts that could endanger a nearby
military base that is important to the local economy. At least one municipal
government in the U.S. has allegedly denied approval for a wind project
for the primary purpose of protecting a nearby military base from closure.
Such local officials supposedly believed that potential radar interference
problems from the proposed wind project could make the military base
more vulnerable during the federal government's next round of base
closures. 102
In the United States, Congress enacted new provisions in the 2011
National Defense Authorization Act aimed at addressing some of the issues
associated with conflicts between wind farms and military radar. Among
other things, the legislation required the DOD to create a clearing house
for wind energy siting approvals. Under these provisions, developers are
no longer required to contact multiple military bases about their projects,
and the DOD must make determinations on applications within 30 days. 103
Such changes should enable developers to avoid the sort of last-minute
military resistance that put the Shepherds Flat project in jeopardy.
Interference with mineral rights
In addition to disrupting users of neighboring land and airspace, wind farms
can sometimes interfere with property rights in assets located immediately
below the project itself. When known deposits of oil, gas, or other valuable
minerals exist under parcels that are targeted for a wind energy project,
conflicts can arise over how to accommodate both mineral extraction and
wind energy on the same land.
Unlike laws in most other countries of the world, United States law
provides that landowners hold private property rights to extract and sell
minerals below their land. Particularly in western portions of the United