“Court Case Friday”
In the early “dinosaur days” at BYU Law School, we had a visiting professor who was a leading expert in “Weather Modification Law.” I had no clue what that was. Now, I know.
Suppose the coastal plains need water. So, a private company or the government “seeds” the clouds over the west side of the mountain range that feds the coast. Tragically, the “cloud seeding” project causes catastrophic flooding along the coast. It also triggers a devastating drought on the eastern side of the mountains, destroying miles of cropland. Result: mega lawsuit.
Legal Issues
The legal issues are complex and muddy:
- “Who owns the clouds?”
- “Who owns atmospheric water?”
- Negligence v. strict liability (“ultra-hazardous activity”)
- Causation
- Trespass v. nuisance
- Sovereign immunity of government
(See: “When it Rains, it Pours: Weather Modification Law in the United States,” Brendan Woodruff, Pace Environmental Law Review, 41:3, 2024)
Federal Law: Weather Modification Reporting Act
The Weather Modification Reporting Act of 1972 (15 U.S.C. § 330-) requires that all those who conduct weather modification activities within the U.S. report such activities to the U.S. Secretary of Commerce at least 10 days prior to undertaking the activities.
International War Crime: 1978 Geneva Convention
The 1978 Geneva Convention on Environmental Modification makes it a war crime to use weather modification as a weapon of war.
(See: “Cloud Seeding,” “Weather Modification,” “Environmental Modification Convention,” Wikipedia)
(Website: londonedition.net)
The London Edition 