Nuisance suits filed against wind energy projects was the subject of the lead article in the October 2009 issue of the California Law Review. Case law is still very limited. The author discusses four cases, only two of which involve large-scale projects, which "leaves advocates of expanded wind energy with unsettled precedent." The author concludes:
If the rights of neighbors are enforced too strictly, or if the public policies in favor of wind turbine development are neglected, then the nuisance mechanism will cease to be a protector of environmental rights and will become an impediment to environmental progress.
The War of Winds, ABA Journal, Feb. 2010
Headwinds to a Clean Energy Future: Nuisance Suits Against Wind Energy Projects in the United States (pdf, 38pp/224kB), California Law Review, Oct. 2009