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Ah yes, the tragedy of the commons. That seems like a tough nut to crack. One argument for the state is that it can regulate the use of the commons. Does not seem to work all that well in practice. I have read both Rothbard and Hoppe and have not found the problem addressed to my satisfaction. Generally they say that someone should own the commons. Apparently promising progress has been made with that in terms of fishing rights in the open oceans. But for energy, someone would need to own the air. I cannot imagine how that would work.