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Protecting wild land from wind farms in a post-EU Scotland

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  • Simon Marsden

    (University of Stirling)

Abstract

Scotland is one of the places in Europe to have experienced significant wind farm development over recent years. Concern about impacts on wild land has resulted in legal challenges based on European Union (EU) law. This article analyses whether wild land can be protected from wind farms and the differences that the United Kingdom departure from the EU will make. It considers the concept of ‘wild land’ compared with ‘wilderness’, analyses the legal basis (if any) for wild land protection and examines potential impacts from wind farms. It highlights the significance of EU environmental law, particularly nature conservation and environmental assessment law, and analyses recent Scottish jurisprudence that has applied this. The role of the European Commission and Court of Justice of the EU (CJEU) is emphasised as a key part of EU environmental law. The article asks whether relevant global and regional environmental agreements can effectively replace the content of the substantive law and context of the Commission and CJEU. Four environmental agreements and two related compliance procedures are briefly evaluated. The conclusion is that while EU law does not directly provide protection for wild land, it is considerably stronger than the international environmental agreements that may replace it.

Suggested Citation

  • Simon Marsden, 2018. "Protecting wild land from wind farms in a post-EU Scotland," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 18(2), pages 295-314, April.
    • Handle: RePEc:spr:ieaple:v:18:y:2018:i:2:d:10.1007_s10784-017-9380-y
    DOI: 10.1007/s10784-017-9380-y
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    References listed on IDEAS

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    1. Robert Mc Morran & Martin Price & Charles Warren, 2008. "The call of different wilds: the importance of definition and perception in protecting and managing Scottish wild landscapes," Journal of Environmental Planning and Management, Taylor & Francis Journals, vol. 51(2), pages 177-199.
    2. Tony Jackson & Barbara Illsley, 2006. "Strategic environmental assessment as a tool of environmental governance: Scotland's extension of the European Union SEA Directive," Journal of Environmental Planning and Management, Taylor & Francis Journals, vol. 49(3), pages 361-383.
    3. Vera Batanjski & Ana Batrićević & Dragica Purger & Antun Alegro & Slobodan Jovanović & Vladan Joldžić, 2016. "Critical legal and environmental view on the Ramsar Convention in protection from invasive plant species: an example of the Southern Pannonia region," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 16(6), pages 833-848, December.
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    Cited by:

    1. Matilda Petersson & Peter Stoett, 2022. "Lessons learnt in global biodiversity governance," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 22(2), pages 333-352, June.
    2. Vassiliki Vlami & Jan Danek & Stamatis Zogaris & Eirini Gallou & Ioannis P. Kokkoris & George Kehayias & Panayotis Dimopoulos, 2020. "Residents’ Views on Landscape and Ecosystem Services during a Wind Farm Proposal in an Island Protected Area," Sustainability, MDPI, vol. 12(6), pages 1-18, March.
    3. Vassiliki Vlami & Ioannis P. Kokkoris & Stamatis Zogaris & George Kehayias & Panayotis Dimopoulos, 2020. "Cultural Ecosystem Services in the Natura 2000 Network: Introducing Proxy Indicators and Conflict Risk in Greece," Land, MDPI, vol. 10(1), pages 1-27, December.

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