Dirty Dishes, Dirty Laundry, and Windy Mills: A Framework for Regulation of Clean Energy Devices
When Congress and the Federal Communications Commission acted in 1996 to protect the right of property owners and tenants to place small satellite dishes on private property, they hoped, among other things, to increase the availability of video services, enhance consumer choice, create competition, and contain consumer costs in the video services market. Today, there are a number of parallels between the government's interests that led it to occupy a space in the regulation of satellite dish placement and the government's interests in encouraging Americans to conserve energy and incentivizing the creation of “green” energy technology. Should the federal government step in to protect the ability of property owners and tenants to install windmills, solar panels, clotheslines, and other clean energy devices, then it could logically look to its regulation of over-the-air reception devices and borrow some of the most significant principles of FCC's Over-the-Air Reception Devices Rule (OTARD Rule) and other similar rules. The OTARD Rule might serve as a blueprint for a federal rule protecting the right to install and use clean energy devices.
LaVonda N. Reed-Huff, Dirty Dishes, Dirty Laundry, and Windy Mills: A Framework for Regulation of Clean Energy Devices, 40 Envtl. L. 859 (2010), reprinted in Zoning and Planning Law Handbook (2011)
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LaVonda N. Reed-Huff,
Dirty Dishes, Dirty Laundry, and Windy Mills: A Framework for Regulation of Clean Energy Devices,
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