A Kansas county located in the heart of the Wind Belt banned commercial wind farms, citing the rural nature of the county and aesthetic concerns. That ban derailed a large wind energy project, destroying the value of farmers’ wind rights and wind energy developers’ leases. On behalf of the Wind Coalition—members of which develop, construct, and operate wind energy projects, manufacture component parts, and include non-profit organizations such as the American Wind Energy Association—Mayer Brown filed an amicus brief in the Kansas Supreme Court arguing that the county ban violates the Commerce Clause and Takings Clause of the U.S. Constitution and should be struck down. A decision is expected in spring 2010.
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