The Yale Journal on Regulation Law Review Article: Propertizing Environmental Attributes, by Katrina Wyman & Adalene Minelli, emphasizes that property rights need to be created for environmental attributes, including energy efficiency resources (“EERs”), if policymakers and private actors wish to enlist competitive markets to achieve societal goals. The article identifies a menu of options for establishing property rights in environmental attributes that currently can be measured, and the article applies this menu to recommend a first-in-time rule for establishing property rights for EERs. The article explains that EER trading might expand if the rules for initially allocating EERs were clarified.

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