The role of the Common Law in promoting sustainable energy development in the property sector

Abstract

This chapter suggests that while the major role for promoting sustainable energy development undoubtedly rests with the legislature, the courts have the capacity to play a significant supporting role in this regard. It considers the options available to the courts in common law jurisdictions to influence and modify real property law so as to take full account of the societal need to advance the goal of sustainable energy development. It also examines the elements of sustainable energy development, explores the extent to which the law of real property is relevant to sustainable energy, and then considers the range of legal solutions available to the courts to achieve this goal.