Environmental Engineering Reference
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projects rather than small rooftop solar arrays. These larger projects tend
to be sited on the flat rooftops of massive commercial buildings or in areas
far away from neighbors' trees or tall buildings, making them less likely to
trigger shading disputes. In the past decade, this category of solar energy
development has been rapidly expanding and, as would be expected, has
seemingly raised very few solar access disputes. Major retailers such as
Wal-Mart and Ikea have been adding solar energy generating capacity onto
their rooftops at an astounding pace. 59 Utility-scale solar energy facilities
have also been popping up in deserts at an unprecedented rate. 60 If this
trend continues, it could result in fewer and fewer solar access disputes per
installed kilowatt of solar energy generating capacity.
In summary, through innovations in the policies that govern solar access
conflicts, in solar energy systems themselves, and in project size, the future
for solar energy can be very bright in spite of the shade.
Notes
1 See Galen Barbose, et al., Tracking the Sun V at 2, Lawrence Berkeley
National Laboratory (November 2012), available at http://emp.lbl.gov/
publications/tracking-sun-v-historical-summary-installed-price-photo
voltaics-united-states-1998-2011 (noting that “installed prices” of solar PV
“exhibit significant economies of scale, with a median installed price of $7.7/W
for systems ≤2 kW completed in 2011, compared to $4.5/W for commercial
systems >1,000 kW”).
2 See Ralf J. Muenster, Shade Happens , RenewableEnergyWorld.com (Feb. 3,
2009), available at www.renewableenergyworld.com/rea/news/article/2009/02/
shade-happens-54551 (last visited June 25, 2013).
3 See, e.g ., Colo. Rev. Stat. §§ 38-32.5-100 et seq. For a list of these state
statutes, see Tawny L. Alvarez, Don't Take My Sunshine Away: Right-to-Light
and Solar Energy in the Twenty-First Century, 28 Pace L. Rev. 535, 547
(footnote 90) (Spring 2008).
4 Portions of this chapter are adapted with changes from one of the author's
academic articles on the topic of solar access, Troy A. Rule, Shadows on the
Cathedral: Solar Access Laws in a Different Light , 2010 U. Ill. L. Rev. 851
(2010).
5 Borimir Jordan & John Perlin, Solar Energy Use and Litigation in Ancient
Times , 1 Solar L. Rep. 583, 592-93 (1979) (cited in Stephen Christopher Unger,
Ancient Rights in Wrigleyville: An Argument for the Unobstructed View of a
National Pastime , 38 Ind. L. Rev. 533, 542-43 (2005)).
6 See Sally J. McKee, Solar Access Rights , 23 Urb. L. Ann. 437, 440 (1982). See
also Black's Law Dictionary (8th ed. 2004).
7 See McKee, supra note 6 at 400 (citing Aldred's Case, 77 Eng. Rep. (K.B. 1610),
as the first case to apply the doctrine).
8 See Prescription Act, 1832, 2 & 3 Will. 4, ch. 71, § 7 (1832) (cited in McKee,
supra note 6 at 440).
9 It should be noted that, as of early 2013, public discussion had begun in the
United Kingdom about the possibility of abolishing the doctrine of ancient
lights. These relatively new discussions are highlighted in more depth later in this
chapter. To download the United Kingdom Law Commission's full Consultation
Paper (No. 210) on the topic of “Rights to Light,” visit the Law Commission
 
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