Wednesday, August 18, 2010

Rule on Renewable Energy & Neighbors

Prof. Troy A. Rule, Associate Professor of Law, University of Missouri, presented recently an incredibly interesting and timely paper at the 2010 SEALS Conference in Palm Beach. (I had the pleasure of speaking on the New Scholars Panel there with Troy, but on an topic unrelated to land use on emerging patterns in cultural heritage law.) Titled "Renewable Energy and the Neighbors," Troy's article examines conflicts between federal, state, and local governments over land use laws that restrict distributed renewable energy, employing law and economics to help resolve these conflcits. Ultimately, the article recommends a green communities tax credit scheme to provide or strengthen incentives for governments to allow distributed renewable energy. Under the scheme, each community would be permitted to weigh its own unique costs, thereby contributing to more efficient policymaking. Of note to first-year property professors, Troy's article builds upon Calabresi and Melamed's "Cathedral" model of property rules and liability rules. A link to Troy's abstract at SSRN is provided here:

Will Cook, Charleston School of Law

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