1. Professor Fennell has built upon work by Professor Ian Ayres that incorporates the concept assignment of the state as polluter seems more directly tied to the disputes at issue. Because the polluter/victim desgination is arbitrary, this Article proceeds by treating state governments as polluters and communities as victims. 172 For descriptions of the four conventional rules and application of Calabresi and Melamed's model to two different renewable energy land use conflicts, see Troy A. Rule, A Downwind View of the Cathedral: Using Rule Four to Allocate Wind Rights, 46 SAN DIEGO L. REV;Over the years, legal scholars have expanded the model's original set of four basic rules,2009
2. According to Calabresi and Melamed, society must make two decisions about any given entitlement-which party will be allocated the entitlement, and how the entitlement will be;Anne Lee;Properties of Concentration, 73 U. CHI. L. REV. 1227,2006