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Articles 1 - 9 of 9
Full-Text Articles in Law
Widening The Power Gap: The Eighth Circuit’S Stringent Requirements For Class Actions In Environmental Contamination Cases, Emily Holtzman
Widening The Power Gap: The Eighth Circuit’S Stringent Requirements For Class Actions In Environmental Contamination Cases, Emily Holtzman
Missouri Law Review
Pipeline construction is booming in the United States, yet it remains a polarizing topic for many because of environmental concerns. On the one hand, pipelines bring increased energy independence for the United States and are one of the safest ways to transport oil and gas.At the same time, fears of environmental damage have led to a growing and fierce opposition to pipeline construction. After the massive offshore rig spill in the Gulf of Mexico in 2010, resistance to new projects like the Keystone Pipeline has received widespread media coverage. The protests of the Dakota Access Pipeline on the Standing Rock …
Property Rights And Modern Energy, Troy A. Rule
Property Rights And Modern Energy, Troy A. Rule
Faculty Publications
This short article, written for a joint program of the Natural Resources and Energy Law and Property Law Sections of the American Association of Law Schools at the Association’s 2013 Annual Meeting, offers some general guidelines for adjusting property rights regimes to accommodate new energy innovations. This article suggests that, when feasible, policy actions that merely clarify ambiguities in existing law are often the simplest and most cost-effective way to respond when important technological advancements place pressure on longstanding property structures. When such policies are inadequate or unavailable, the most equitable and efficient adjustments to property arrangements tend to be …
Airspace In A Green Economy, Troy A. Rule
Airspace In A Green Economy, Troy A. Rule
Faculty Publications
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 …
Shadows On The Cathedral: Solar Access Laws In A Different Light, Troy A. Rule
Shadows On The Cathedral: Solar Access Laws In A Different Light, Troy A. Rule
Faculty Publications
Unprecedented growth in rooftop solar energy development is drawing increased attention to the issue of solar access. To operate effectively, solar panels require un-shaded access to the sun’s rays during peak sunlight hours. Some landowners are reluctant to invest in rooftop solar panels because they fear that a neighbor will erect a structure or grow a tree on nearby property that shades their panels. Existing statutory approaches to protecting solar access for such landowners vary widely across jurisdictions, and some approaches ignore the airspace rights of neighbors. Which rule regime for solar access protection best promotes the efficient allocation of …
Renewable Energy And The Neighbors, Troy A. Rule
Renewable Energy And The Neighbors, Troy A. Rule
Faculty Publications
Small wind turbines and rooftop solar panels are a highly attractive energy option, capable of generating clean, renewable power without the need for transmission lines across vast stretches of rural land. State and federal incentive programs have made these devices increasingly affordable for landowners in recent years, generating an unprecedented level of interest in “distributed” renewable energy.Unfortunately, small wind turbines and solar panels are often far less attractive in the eyes of neighbors, who fear that the systems will erode neighborhood aesthetics and property values. Despite aggressive state and federal programs aimed at promoting renewable energy systems, land use controls …
A Downwind View Of The Cathedral: Using Rule Four To Allocate Wind Rights, Troy A. Rule
A Downwind View Of The Cathedral: Using Rule Four To Allocate Wind Rights, Troy A. Rule
Faculty Publications
The rapid pace of U.S. wind energy development is generating a growing number of conflicts over competing wind rights. The “wake” of a commercial wind turbine creates turbulence and unsteady wind flow that can reduce the productivity of other wind turbines situated downwind. Existing law is unclear as to whether a landowner who installs a wind turbine on its property is liable for the lost productivity of a downwind neighbor’s turbine resulting from such wake effects. Legal uncertainty as to how competing wind rights are shared among neighbors can induce wind energy developers to abandon otherwise lucrative turbine sites situated …
Gas And Electricity In Interstate Commerce - Part Iii - State Taxation, Robert L. Howard
Gas And Electricity In Interstate Commerce - Part Iii - State Taxation, Robert L. Howard
University of Missouri Bulletin Law Series
During the past decade gas and electricity have become common subjects of taxation by the states, and a not inconsiderable volume of revenue is now being raised from levies upon their production, sale, transportation and consumption. The subjection to a general property tax of the facilities for producing and dealing in these commodities creates no problem of special interest for the present discussion. The same considerations are involved as in the similar application of such a tax to other types of property, and it has long been recognized that the mere fact of use in the conduct of interstate business …
Gas And Electricity In Interstate Commerce - Part Ii - Regulation Of Rates And Service, Robert L. Howard
Gas And Electricity In Interstate Commerce - Part Ii - Regulation Of Rates And Service, Robert L. Howard
University of Missouri Bulletin Law Series
The control of gas and electric rates and service by state public service commissions has, for many years, been a common phenomenon. In so far as interstate commerce in these commodities is involved, so as to be of special interest for the present discussion, the matter is of much more recent development. That the transmission of gas' and electric light and power current2 from one state to another is a transaction in interstate commerce is now definitely well established, although as to the latter, it is not a determination of very long standing.'
Gas And Electricity In Interstate Commerce, Robert L. Howard
Gas And Electricity In Interstate Commerce, Robert L. Howard
University of Missouri Bulletin Law Series
There is perhaps no other concept in the whole field of governmental or constitutional jurisprudence today of more immediate practical significance than that of interstate commerce. In rather striking contrast with conditions of an earlier day, interstate commerce has come to be very closely related to everyday life in a great variety of ways. Regulations now imposed in the name of interstate commerce affect practically every mouthful of food we eat, every article of clothing we wear, everything we buy or sell as well as the fuel with which we cook our food or heat our homes, to mention only …