Property law has evolved and adapted throughout its existence in response to social and technological change. In this era of increasing focus on sustainable energy, new property rights disputes arising from innovations in the energy industry are once again stretching the bounds of property law....

Commercial drone industry advocates have asserted for years that drone services will be limited in the United States so long as private landowners are legally entitled to exclude drones from the low airspace above their land. Sadly, the industry’s efforts to weaken airspace rights laws to make...

This collection of short essays arose from the inaugural meeting of the Idaho Symposium on Energy in the West, which was held in November, 2014. The topic for this first Symposium was Transmission and Transport of Energy in the Western U.S. and Canada: A Law and Policy Road Map. The essays in...

Electric utilities throughout the country are seeking for ways to address the growing threats that distributed solar energy technologies pose to their long-term stability. In particular, a small number of utilities have recently begun pursuing an “if you can’t beat ‘em, join ‘em” sort...

Solar energy development is an increasingly cost-effective way for communities to diversify their energy portfolios, promote local economic growth, and help to protect the nation’s natural resources. Recognizing the potential benefits of solar power, state and local governments across the...

The growing popularity of small civilian drones has generated a wide array of complex and unprecedented regulatory challenges. Many of these challenges, such as that of keeping drones away from manned aircraft, are matters that the Federal Aviation Administration (“FAA”) is clearly...

As rooftop solar energy systems become an ever more attractive alternative to grid-supplied electricity, electric utilities are actively seeking for ways to protect themselves against this new form of disruptive innovation in their markets. One strategy that some utilities appear to be employing...

To what extent should fairness considerations drive energy policy? This basic question underlies much of the current debate over the net metering programs and related policies that have propelled record growth in the rooftop solar industry over the past decade. Utilities are increasingly calling...

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...

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...