The role of the courts in advancing the use of solar energy
Journal Article
·
· Journal of Energy Law and Policy; (USA)
OSTI ID:5231646
The common thread running through all the legal issues relevant to the advancement of the use of solar energy is the breadth of judicial discretion available to the courts. While the primary responsibility for furthering solar usage remains with the legislatures, both federal and state, a significant role remains for the courts. This role appears to have been largely overlooked in the past. The crucial question is whether the courts are prepared to seize the initiative and exercise the role available to them. As the relevant case law shows, the present evidence is inconclusive. Some courts have sought to advance the cause of solar energy on grounds of public policy, while other courts have ignored the policy arguments and applied a technical legal analysis to the detriment of the solar user. This article attempt to point the way forward for the courts and embolden them in the need to safeguard solar access and advance the use of solar energy. If this is to occur, however, the courts must show the reforming zeal that has characterized the development of the common law, particularly in the United States, at various times in the past.
- OSTI ID:
- 5231646
- Journal Information:
- Journal of Energy Law and Policy; (USA), Journal Name: Journal of Energy Law and Policy; (USA) Vol. 9:2; ISSN JELPE; ISSN 0275-9926
- Country of Publication:
- United States
- Language:
- English
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