Towards a Green Transformation: Legal Barriers to Onshore Wind Farm Construction

Energy transformation is essential for reducing electricity production costs and building a competitive advantage for each country. Its success relies on balancing environmental goals with the need to maintain secure energy supplies, keep prices at an acceptable level for consumers, and ensure the economy’s competitiveness. Although the literature presents various investment constraints for onshore wind farms, little is known about the regulations that were supposed to protect the natural environment, and in practice, they turned out to be legal constraints on the development of onshore wind farms. This research aims to eliminate this research gap, and identify the legal limitations hindering the development of onshore wind farms, using Poland as a case study. It was examined whether legal provisions aimed at ensuring sustainable development could negatively impact the growth of onshore wind farms. The systematic literature study was supplemented by reviewing documents (available in the Polish Parliament and the Government Legislation Centre) relating to the location policy for onshore wind farms. The findings reveal that unfavourable legal solutions introduced in Poland over nearly a decade have severely obstructed the growth of onshore wind energy. This has led to harmful and measurable effects on society and the economy. Therefore, it is suggested that the creation of energy market regulations should be subject to greater stakeholder oversight. This study fits into the research field on legal barriers, classified as any negative phenomena and processes that do not contribute to achieving assumed goals.