I. INTRODUCTION II. UNDERSTANDING WIND AND ITS IMPORTANCE A. Wind's Role in the Environment B. The Importance of Wind as a Source of Energy 1. How Wind Turbines Create Electricity 2. Benefits of Wind Power 3. Technological Improvements and Limitations 4. Future Development III. PROPERTY INTERESTS IN WIND A. Wind as a Private Property Interest B. Wind as a Common Property Interest IV. THE POTENTIAL TRAGEDY OF THE COMMONS A. When is the Tragedy of the Commons Likely to Occur 1. Property Allocation 2. Rivalry in Consumption--The Question of Subtractability a. Wind is not Endless--The Shadow Effect b. Small Wind Projects- The Growing Influence of the Shadow Effect V. PROTECTING THE PROPERTY INTERESTS IN WIND A. The Shadow Effect on Neighboring Properties B. Sustainability and the Public Trust Doctrine VI. CONCLUSION I. INTRODUCTION The gentle cool breeze brushing through the trees on a summer's eve, the howl of a blizzard on a cold winter night, the twirling of leaves on an autumn morning and the scent of fresh cut grass on a spring day--all these are made possible by the wind. It is a powerful force of nature, with an essential role in our natural environment. It affects our daily lives by changing the weather conditions. It serves as a means of recreation whenever we fly a kite. It even carries the aroma of fresh coffee in the morning. In recent years, the wind has also enjoyed a growing role as an essential source of energy. In light of the rising concerns over global warming, and the exhaustion of fossil-fuel resources, wind energy presents a clean, renewable alternative for energy production. Wind is an asset. It is an important environmental and financial asset. And due to the recent winds of change, it is time we examine this valuable asset closely. Given the importance of wind in the present and its expected significance in the future, this article explores the property interests in the wind, the potential problem of overuse and possible ways to avoid it. The second Part discusses the importance of wind to the environment and as a source of energy. The third Part examines who holds the right to harvest the wind, arguing that wind-rights are allocated to the private landowners, but also to the public as a whole, thus creating a mixed property regime. Given this complex property regime, and the unique nature of wind as an asset, the forth Part discusses the potential tragedy of the commons that might occur. This Part will look at the typical characteristics of the tragedy, and argue that they could possibly occur with wind. Finally, the fifth Part discusses two possible ways to protect this valuable asset, on a private level and as a public interest. II. UNDERSTANDING WIND AND ITS IMPORTANCE Wind is the movement, or the flowing of air on the surface of the earth. The movement of air is created by differences in air-pressure, caused by alterations in temperature together with the rotation of the planet. (1) Warmer air is less dense than cooler air, and rises above it. The cooler air then rushes to fill the low pressure areas, thus creating wind. (2) As opposed to the numerous discussions regarding air pollution, this paper is not concerned directly with the chemical components of the air particles, but rather with the movement of these particles and its effect on the environment. A. Wind's Role in the Environment Although the movement of air is invisible, we see evidence of it nearly everywhere we look. It is a powerful element--it sculpts rocks, and shapes the landscape by moving the terrain from one area to another. Consider, for example, the desert sands, which clearly bear the finger-prints of the blowing wind, or the snowy slopes of the highest ridges formed over time by forceful howling winds. …