Citations (1)



Expanding Regional Renewable Governance

Hannah Jacobs Wiseman

Florida State University - College of Law

August 12, 2010

Harvard Environmental Law Review, Vol. 35, 2011
University of Tulsa Legal Studies Research Paper No. 2011-04

Energy drives economies and quality of life, yet accessible traditional fuels are increasingly scarce. Federal, state, and local governments have thus determined that renewable energy development is essential and have passed substantial requirements for its use. These lofty goals will fail, however, if policymakers rely upon existing institutions to govern renewable development. Renewable fuels are fugitive resources, and ideal property for renewable technology is defined by the strength of the sunlight or wind that flows over it. When a renewable parcel is identified, a new piece of property is superimposed upon existing boundaries and jurisdictional lines. The entities within these boundaries all possess rights to exclude, and this creates a tragedy with strong anticommons and regulatory commons elements, which hinder renewable development. This Article argues that the many exclusion rights within renewable parcels must be consolidated and governed by a regional agency to address the governance challenges in renewable development, and it analyzes elements of existing regional institutions to suggest the ideal structure of this agency. Once formed, the regional framework should be applied to other areas of energy planning. States and municipalities share oil and gas reservoirs, electricity transmission constraints, and energy generation needs, and collaborative governance in these areas is necessary for a secure future.

Number of Pages in PDF File: 137

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Date posted: January 21, 2011  

Suggested Citation

Wiseman, Hannah Jacobs, Expanding Regional Renewable Governance (August 12, 2010). Harvard Environmental Law Review, Vol. 35, 2011; University of Tulsa Legal Studies Research Paper No. 2011-04. Available at SSRN: http://ssrn.com/abstract=1743651

Contact Information

Hannah Jacobs Wiseman (Contact Author)
Florida State University - College of Law ( email )
425 W. Jefferson Street
Tallahassee, FL 32306
United States
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