Whiteley on Property’s Climate
Jack Whiteley (University of Minnesota School of Law), Property’s Climate, 111 Minn. L. Rev. (forthcoming 2026) on SSRN....
legaltheoryblog.com
Jack Whiteley (University of Minnesota School of Law), Property’s Climate, 111 Minn. L. Rev. (forthcoming 2026) on SSRN. Here is the abstract: Over the past two centuries, property jurisprudence has encouraged climate change through decisions that were not required by private property rights. In disputes between landowners over coal and oil, courts crafted rules that spurred carbon emissions. And in disputes over land, courts developed doctrines that diminished forests.
