A Downwind View of the Cathedral: Using Rule Four to Allocate Wind Rights

摘要: The rapid pace of U.S. wind energy development is generating a growing number conflicts over competing rights. “wake” commercial turbine creates turbulence and unsteady flow that can reduce the productivity other turbines situated downwind. Existing law unclear as to whether landowner who installs on its property liable for lost downwind neighbor’s resulting from such wake effects. Legal uncertainty how rights are shared among neighbors induce developers abandon otherwise lucrative sites near lines, thus forfeiting valuable resources. This paper applies Calabresi Melamed’s familiar “Cathedral” model determine which rule regime would best promote efficient allocation while maintaining consistency with existing law. Surprisingly, Cathedral model’s infamous rarely-applied “Rule Four” seems best-suited addressing these conflicts.