As New York wrestles with development (or not) of the Marcellus Shale to extract its bountiful but hard-to-reach natural gas reserves, and struggles with the siting (or not) of multi megawatt wind farms, a natural questions arises: Who wins the right to develop, wind or gas, if the resources are above and below (respectively) the same piece of turf? Not exactly Godzilla v. Megalon, but a provocative concept nonetheless.
Fortunately, the current Editor-in-Chief of U.T. Law’s Texas Journal of Oil, Gas and Energy Law, Becky Diffen, has written a Note on the issue. While focusing on the situation in Texas (obviously also rich with fossil and renewable fuel sources), New York-focused readers will want to learn about the issues presented.
No spoilers here. Ms. Diffen’s answer to the question may be found in: ENERGY FROM ABOVE AND BELOW WHO WINS WHEN A WIND FARM AND OIL & GAS OPERATIONS CONFLICT? 3 TEXAS JOURNAL OF OIL, GAS, AND ENERGY LAW 2 (2008)