Airspace in a Green Economy
Troy A. Rule
Arizona State University (ASU) - Sandra Day O'Connor College of Law
December 23, 2011
UCLA Law Review, Vol. 59, p. 270, 2011
University of Missouri School of Law Legal Studies Research Paper No. 2011-05
The recent surge of interest in renewable energy and sustainable land use has made the airspace above land more valuable than ever before.However, a growing number of policies aimed at promoting sustainability disregard landowners' airspace rights in ways that can cause airspace to be underutilized. This article analyzes several land use conflicts emerging in the context of renewable energy development by framing them as disputes over airspace. The article suggests that incorporating options or liability rules into laws regulating airspace is a useful way to promote wind and solar energy while still respecting landowners' existing airspace rights. If properly tailored, such policies can facilitate renewable energy development without compromising landowners’ incentives and capacity to make optimal use of the space above their land. The article also introduces a new abstract model to argue that policymakers should weigh the likely impacts on both rival and non-rival airspace uses when deciding whether to modify airspace restrictions to encourage sustainability.
Number of Pages in PDF File: 52
Keywords: airspace, green, economy, sustainable, land, sustainability, landowner
Date posted: March 10, 2011 ; Last revised: May 20, 2013
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