Merrill, James L.

English

University of New Mexico

Volume 19 
Issue 2 Spring 1979 
Spring 1979 
Solar Law, by Sandy F. Kraemer 
James L. Merrill 
Recommended Citation 
James L. Merrill, Solar Law, by Sandy F. Kraemer, 19 Nat. Resources J. 460 (1979). 
Available at: https://digitalrepository.unm.edu/nrj/vol19/iss2/17 
This Book Review is brought to you for free and open access by the Law Journals at UNM Digital Repository. It has 
been accepted for inclusion in Natural Resources Journal by an authorized editor of UNM Digital Repository. For 
more information, please contact amywinter@unm.edu, lsloane@salud.unm.edu, sarahrk@unm.edu. 
BOOK REVIEWS
SOLAR LAW
PRESENT AND FUTURE, WITH PROPOSED FORMS
by
SANDY F. KRAEMER
Colorado Springs: Shepard's, Inc.
1978. Pp. 347 + index. $35.00
Every day, the Earth receives enough sunlight to supply mankind's
energy needs for a year. In ten days, the solar energy striking the
Earth's surface is equivalent to our planet's total fossil fuel reserves.
Solar energy's forte is producing low grade heat; therefore, sunlight is
an ideal replacement for the fossil fuels we have been burning to heat
water as well as living and working space. So what is holding us back?
Among other things, economics.
Solar fuel is free but the uncertainty arises of always being able to
get to it. Solar economics looks to the law for guaranteed access to
sunlight. But there is a catch. A cornerstone of Anglo-American law
is the resolution of controversies only as they arise under a specific
set of facts. Judge-made law and stare decisis are essential to fill the
legal void left by even the best legislation. Concrete problems with
which this type of law deals will not arise until solar investors and
consumers have tangible interests worth litigating to protect. But
until these people receive more assurance from the law, they will be
understandably reluctant to spend solar. Solar law needs a catalyst to
get things started.
Sandy Kraemer's Solar Law may help produce that catalyst. Con-
trary to what its title suggests, this book does not say what solar law
is. There isn't much-not yet. Rather, this book is both a survey of
what solar law might be and sound philosophy about what it should
be. As the first treatise on its new subject, Solar Law should stimu-
late informed, productive thinking about solar energy.
In exploring legal tools which might encourage the use of sunlight,
Kraemer analyzes easements, covenants, building codes and zoning
ordinances. In addition to providing well-drafted forms, he reviews
(and cites) the current law of each and discusses the specific ad-
vantages and limitations of these devices as solar regulators. Kraemer
also addresses eminent domain as well as public and private nuisance
theories under which a "shadowed" solar user might seek relief.
What a "solar right" is remains unresolved. In exploring existing
legal concepts which might serve as models, Solar Law discusses the
water law doctrine of prior appropriation as a means of determining
rights to sunlight. As an alternative, Kraemer investigates the Trans-
ferrable Solar Development Right and isolates the legal issues which
SOLAR LAW
remain to be determined before the TSDR can become a viable solar
law theory.
Solar Law's most impressive section, entitled "Solar Perspective,"
is a short course on active and passive solar technology with a com-
parison of the advantages and disadvantages of each. Kraemer dis-
cusses local solar siting considerations, presents United States sun-
light data through maps and statistics, and points out some of the
economic and marketing implications of solar energy. While these
sections are backed up by a Glossary of technical terms, they are so
clearly written and amply illustrated that you probably won't need it.
Solar Law concludes with appendices which survey related topics
such as the tax and finance aspects of solar development; the touchy
interplay between solar users and public utilities is discussed as are
tort liability, warranties and insurance problems affecting solar in-
stallations. Kraemer provides a checklist of legal issues arising from
incentives and impediments to solar use. The final appendix lists
books and periodicals which deal generally with solar energy.
The only bad things about Solar Law are its title and price. As
Kraemer points out, "[s]olar law is an interdisciplinary branch of
knowledge involving law, politics, economics, physics, engineering,
architecture, and astronomy." 1  Solar planners must understand
scientific concepts (such as how collectors work and solar
astronomy), but they should be familiar with energy economics as
well. And no solar planner can realistically assess the viability of his
proposals unless he knows something about the legal environment in
which they must function. Unfortunately, Solar Law's terse title and
stiff price may deter many people (especially non-lawyers) who
ought to read and use it.
Solar energy in the United States has suffered slow growth and
reluctant social acceptance. Before the OPEC oil embargo, people
advocating direct use of sunlight were largely ignored. Just four years
ago, the U.S. Department of Interior did not include the sun as a
potential energy resource.2 Solar industry people finally are able to
predict a surge of growth as the established energy community (even
General Electric) and the Department of Energy reconsider the solar
option.' People who expect to be a part of the solar boom have
some homework to do. I can't think of a better place to start than
Solar Law. JAMES L. MERRILL*
*Member of the New Mexico Bar.
1. Page iv.
2. U.S. Dept. of Interior, Energy Perspectives (February 1975). This document presents a
picture of both past and projected future energy consumption broken down by sector and
source. Nowhere does it mention solar energy.
3. The Coming Boom in Solar Energy, BUSINESS WEEK 88 (October 9, 1978).
April 1979]


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