Abstract

http://ssrn.com/abstract=1690564
 
 

Footnotes (242)



 


 



Property Rights on the New Frontier: Climate Change, Natural Resource Development, and Renewable Energy


Alexandra B. Klass


University of Minnesota Law School

October 11, 2010

Ecology Law Quarterly, Vol. 38, p. 63, 2011
Minnesota Legal Studies Research Paper No. 10-61

Abstract:     
This Article explores the history of natural resources law and pollution control law to provide insights into current efforts by states to create wind easements, solar easements, and other property rights in the use of or access to renewable resources. Development of these resources is critical to current efforts to address climate change, which has a foot in both natural resources law and pollution control law. This creates challenges for developing theoretical and policy frameworks in this area, particularly surrounding the role of property rights. Property rights have played an important role in both natural resources law and pollution control law, but the role in each field is quite different. Early natural resources law was based significantly on conveying property rights in natural resources to private parties to encourage westward expansion and economic development. By contrast, pollution control law as it developed in the 1970s and 1980s was based on placing limits on such rights and creating government permit systems to meet environmental protection goals. This Article proposes that as scholars and policymakers consider approaches to developing wind and solar energy, it will be important to not rely too heavily on a property rights-based, natural resource development approach. Instead, this Article argues that an approach that integrates resource access into state and local permitting and land use planning frameworks may better meet development and environmental protection goals without creating new entrenched and potentially problematic property rights in natural resources. Moreover, because wind development and solar development present different concerns with regard to size, scale, and environmental impact, this Article suggests that solar development should be structured based on private solar easement transactions within a hospitable local zoning framework while wind development should be based on a state-wide siting and permitting structure with much more limited local government involvement.

Number of Pages in PDF File: 58

Keywords: Climate Change, Natural Resources, Solar, Wind, Renewable Energy, Property Rights, Water Law, Prior Appropriation, Mining Law, Land Use Planning, State Permitting, Public Lands

JEL Classification: K11, K32, L72, Q2, Q3, Q4, R52

Accepted Paper Series


Download This Paper

Date posted: October 11, 2010 ; Last revised: June 7, 2011

Suggested Citation

Klass, Alexandra B., Property Rights on the New Frontier: Climate Change, Natural Resource Development, and Renewable Energy (October 11, 2010). Ecology Law Quarterly, Vol. 38, p. 63, 2011; Minnesota Legal Studies Research Paper No. 10-61. Available at SSRN: http://ssrn.com/abstract=1690564

Contact Information

Alexandra B. Klass (Contact Author)
University of Minnesota Law School ( email )
229 19th Avenue South
Minneapolis, MN 55455
United States
612-625-0155 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 2,282
Downloads: 260
Download Rank: 66,147
Footnotes:  242

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.218 seconds