A developer may be able to appeal an adverse local decision (e.g., an approval with conditions or denial) within a limited timeframe after issuance of the decision; however, many states limit the review to the record created during the local process, so it may be important to develop a clear and legally defensible record during the initial approval process. An abutter or other party affected by the wind energy development may also have the right to appeal a decision granting approval for a wind energy project. In the event of a third-party appeal, the threshold issue is generally whether the party appealing the approval has standing to appeal. Standing is the legal principle that the person has some right(s) that will be affected by the granting of the approval.
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