The Green Option

49 Pages Posted: 15 Mar 2013 Last revised: 28 May 2015

See all articles by Gideon Parchomovsky

Gideon Parchomovsky

Hebrew University of Jerusalem - Faculty of Law; University of Pennsylvania Carey Law School

Endre Stavang

University of Oslo; University of Arizona - James E. Rogers College of Law

Date Written: 2015


We introduce an innovative market-based mechanism that may be used to advance environmental goals. Our mechanism employs option theory to give established businesses a financial stake in the success of green technologies. We show why and how green companies should be given an option to transfer a block of their shares to any corporation of their choice, incentivize them to switch to environmentally friendly technologies and to use their political clout to alleviate legal, regulatory and political barriers to the adoption of such technologies. In short, giving established corporations a stake in green companies will give them a stake in the environment. Specifically, we propose enacting legislation that will empower green companies that meet certain conditions to transfer a call option to buy a block of its shares to an established company of their choice. The option will be given for free; the established company that receives the option will not have to pay anything for it initially. The exercise price will be the price of the green company’s share at the time of the transfer and the receiving company will have a period of five years to exercise. We call this mechanism the “environmental option.” From a legal standpoint, the mechanism we propose is not unprecedented, so our proposed scheme is not overtly intrusive, nor should it be very controversial. Furthermore, we believe that this risk is worth taking given the proposal’s potential upside.

Keywords: Environmental Regulation, Options, Technological Growth, Public Choice, Ecological Policies, Green Technologies, Innovation, Diffusion, Implementation, Mechanism Design

JEL Classification: K32, O31, O38, Q28

Suggested Citation

Parchomovsky, Gideon and Stavang, Endre and Stavang, Endre, The Green Option (2015). Minnesota Law Review, Vol. 99, No. 967, 2015, CERE Working Paper, 3/2013, U of Penn, Inst for Law & Econ Research Paper No. 13-12, University of Oslo Faculty of Law Research Paper No. 2013-31, Available at SSRN: or

Gideon Parchomovsky (Contact Author)

Hebrew University of Jerusalem - Faculty of Law ( email )

Mount Scopus
Mount Scopus, IL 91905

University of Pennsylvania Carey Law School ( email )

3501 Sansom Street
Philadelphia, PA 19104
United States
215-898-1603 (Phone)

Endre Stavang

University of Arizona - James E. Rogers College of Law ( email )

P.O. Box 210176
Tucson, AZ 85721-0176
United States

University of Oslo ( email )

PO Box 6706 St Olavsplass
Oslo, 0130
5203691383 (Phone)

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