Wind Turbines And Radiation Emitting Devices Act

Dear Jutta:

Does operating a wind turbine contravene the federal Radiation Emitting Devices Act? I don't think so. Here are four (alternative) reasons:

First, in my view, a wind turbine is not a "device" within the meaning of this Act. In legal terms, physical things are divided into what we call "personal property" and "real property". A "device" is a kind of personal property, a thing that can be moved from place to place. That is clearly reflected in section 8 of the Act, which gives an inspector authority to:

1. examine any radiation emitting device found therein and take it away for further examination; and to
2. (b) open and examine any package that the inspector believes on reasonable grounds contains a radiation emitting device and take it away for further examination.