Published 13 June 2023
The United States is attempting to reassert itself as the economic powerhouse of the world by restoring its moral compass and responding to the climate crisis. To accomplish this in a capitalist democracy, it must model that the protection of the planet and its natural resources is profitable and in accordance with the principles of common law property. It can do this somewhat similar to the way it promoted the oil and gas industry in the past: laxing laws creating development obstacles and advancing laws to incentivize the research and technology required to further development potential.
The legal framework governing competing interests in property has been evolving through various means, such as case law and statutory schemes. Yet, as renewable energy production becomes economically and environmentally incentivized, the legal outcome of property disputes between landowners and resource developers becomes less predictable. This unpredictability puts landowners and developers at risk.