Abstract

http://ssrn.com/abstract=1441359
 
 

Footnotes (171)



 


 



Jousting at Wind Mills: When Wind Power Development Collides With Oil, Gas, and Mineral Development


K.K. DuVivier


University of Denver Sturm College of Law

Roderick E. Wetsel


University of Denver Sturm College of Law


Rocky Mountain Mineral Law Institute, Vol. 55, No. 9
University of Denver Legal Studies Research Paper No. 09-21

Abstract:     
Success for the renewable energy economy rides on wind power. Although wind currently accounts for only one percent of the total electricity generation in the United States, the Obama administration hopes to leverage it to twenty-five percent by 2025. Even before setting the current goals, our government recognized wind power as 'the fastest growing source of new power generation.'

As fate would dictate, some of the nation’s most promising wind resources overlap regions of the country rich in oil, gas, and other minerals. The intensive surface footprint of wind farms makes conflict with the development of underlying resources inevitable.

This paper reviews the expansion of wind power in the United States and explores methods of approaching wind v. mineral conflicts. Models range from traditional surface and sub-surface rules - such as the dominant-servient estate and the accommodation doctrines - to express agreements altering common law outcomes. The paper also briefly discusses the uncertainty that might result if traditional assumptions do not apply and recommends strategies for resolving disputes to enhance the concurrent development of our nation’s energy resources.

Number of Pages in PDF File: 45

Accepted Paper Series


Download This Paper

Date posted: July 31, 2009 ; Last revised: February 2, 2010

Suggested Citation

DuVivier, K.K. and Wetsel, Roderick E., Jousting at Wind Mills: When Wind Power Development Collides With Oil, Gas, and Mineral Development. Rocky Mountain Mineral Law Institute, Vol. 55, No. 9; University of Denver Legal Studies Research Paper No. 09-21. Available at SSRN: http://ssrn.com/abstract=1441359

Contact Information

K.K. DuVivier (Contact Author)
University of Denver Sturm College of Law ( email )
2255 E. Evans Avenue
Denver, CO 80208
United States
Roderick E. Wetsel
University of Denver Sturm College of Law ( email )
2255 E. Evans Avenue
Denver, CO 80208
United States
Feedback to SSRN


Paper statistics
Abstract Views: 967
Downloads: 222
Download Rank: 75,628
Footnotes:  171

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.454 seconds