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Separate Ownership of Energy Resources, Or Can You Sever an Estate in _______?
Original Program Date :
Length: 60 minutes


The technological, economic, political, and social forces behind the energy transition have turned a number of natural phenomena into energy resources. Wind, solar radiation, geothermal heat, pore space, and brine water, to name a few of the famous examples, have in recent decades joined the ranks of coal, oil, and gas as sources of energy in the modern global economy. Among the many questions emerging as legal regimes develop for each of these new resources, is whether and what kinds of property interests a landowner may grant in any given resource apart from the land. Are landowners free to sever a separate estate in pore space, geothermal heat, wind, or sunshine, and what considerations are relevant in determining the answer to that question? This webinar explores the history and future of separate ownership of energy resources with a focus on the doctrinal and policy constraints and implications of making wind, solar radiation, geothermal heat, pore space, and other resources severable from land.

Joseph A. Schremmer, Assistant Professor of Law, Judge Leon Karelitz Oil & Gas Law Professor, University of Oklahoma College of Law

Joseph A. Schremmer is an assistant professor of law and the Judge Leon Karelitz Oil and Gas Law Professor at the University of New Mexico School of Law. He teaches courses on oil and gas law, environmental regulation of the oil and gas industry, property law, contracts, business associations, and secured transactions. Joe has written extensively on subsurface property rights, including articles published or forthcoming in the Washington Law Review, University of Colorado Law Review, Utah Law Review, University of Kansas Law Review, Journal of Legal Education, and Harvard Environmental Law Review. He is also a co-author with Patrick H. Martin, Bruce M. Kramer, Keith B. Hall, and Tara K. Righetti of The Law of Oil and Gas: Cases and Materials (11th ed. 2021). Before entering teaching, Joe practiced law with a small general civil practice firm in Wichita, Kansas, where he represented oil and gas producers in all phases of oil and gas development, specializing in issues involving mineral title.  


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