Regulating rainmaking: a critical survey of States' Regulations on weather modification

Abstract

This Article engages in a comprehensive survey of weather modification regulations among all the states in the U.S. In addition to providing the first such account within the legal literature, this Article makes two arguments. First, the regulatory flexibility evidenced by the diversity and continued evolution among the states’ regulatory regimes on weather modification is a normatively desirable regulatory strategy to address scientific uncertainty associated with emerging technologies. Second, and in conjunction with examining the conditions that would facilitate such regulatory flexibility, this Article argues that state ownership of atmospheric moisture is an optimal property rights arrangement because it preserves all the regulatory options availability without, at least from the findings of this survey, dictating a more stringent or redistributive regulatory regime.