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- Articles (9)
- Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4) (6)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (5)
- Faculty Scholarship (3)
- Western Water Law in Transition (Summer Conference, June 3-5) (3)
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- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (3)
- All Faculty Scholarship (2)
- Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19) (2)
- Articles in Law Reviews & Other Academic Journals (1)
- Colorado Water Issues and Options: The 90's and Beyond: Toward Maximum Beneficial Use of Colorado's Water Resources (October 8) (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16) (1)
- Faculty Publications (1)
- Law Faculty Scholarly Articles (1)
- Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8) (1)
- New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10) (1)
- Research Collection Yong Pung How School Of Law (1)
- Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11) (1)
- The Federal Impact on State Water Rights (Summer Conference, June 11-13) (1)
- The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10) (1)
- Vanderbilt Law School Faculty Publications (1)
- Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11) (1)
- Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3) (1)
Articles 1 - 30 of 48
Full-Text Articles in Law
Rationing Access, Roy Baharad, Gideon Parchomovsky
Rationing Access, Roy Baharad, Gideon Parchomovsky
All Faculty Scholarship
Protection of common natural resources is one of the foremost challenges facing our society. Since Garrett Hardin published his immensely influential The Tragedy of the Commons, theorists have contemplated the best way to save common-pool resources—national parks, fisheries, heritage sites, and fragile ecosystems—from overuse and extinction. These efforts have given rise to three principal methods: private ownership, community governance, and use restrictions. In this Essay, we present a different solution to the commons problem that has eluded the attention of theorists: access rationing. Access rationing measures rely not only on restrictions on the number of users but also on …
Conservation Easements As A Tool For Nature Protection, William Snape
Conservation Easements As A Tool For Nature Protection, William Snape
Articles in Law Reviews & Other Academic Journals
No abstract provided.
What Is The Value Of Built Heritage? Assessing Spillover Effects Of Conserving Historic Sites In Singapore, Shin Bin Tan, Edward S. W. Ti
What Is The Value Of Built Heritage? Assessing Spillover Effects Of Conserving Historic Sites In Singapore, Shin Bin Tan, Edward S. W. Ti
Research Collection Yong Pung How School Of Law
Quantifying the economic benefits of built heritage facilitates the formulation and assessment of conservation policies and programs. There is however a lack of empirical research about the economic value of built heritage in Asian cities. This lack is problematic, given the rapid pace of demolition and redevelopment of historic landscapes in Asian cities. This study seeks to reduce the current gap in built heritage research by examining whether real estate premiums are generated by the designation of buildings as ‘conserved’ in Singapore, a city-state in South East Asia. Using 20 years of housing transaction data, and controlling for building, neighborhood …
No Farms No Food? A Response To Baylen Linnekin, Joshua Ulan Galperin
No Farms No Food? A Response To Baylen Linnekin, Joshua Ulan Galperin
Elisabeth Haub School of Law Faculty Publications
You have likely seen the bumper sticker, bold white text on a green background, reading “No Farms No Food.” The sticker is a product of, and in fact a tagline for, the American Farmland Trust. On the one hand, the point is obvious: As American Farmland Trust puts it, “[e]very meal on our plates [c]ontains ingredients grown on a farm. We all need farms to survive.” On the other hand, what seems like a plain statement on its face, “no farms no food,” is not so simple. Farms produce affordable food, they produce vast quantities of food, they produce healthy …
Climate Change Challenges For Land Conservation: Rethinking Conservation Easements, Strategies, And Tools, Jessica Owley, Federico Cheever, Adena R. Rissman, M. Rebecca Shaw, Barton H. Thompson Jr., W. William Weeks
Climate Change Challenges For Land Conservation: Rethinking Conservation Easements, Strategies, And Tools, Jessica Owley, Federico Cheever, Adena R. Rissman, M. Rebecca Shaw, Barton H. Thompson Jr., W. William Weeks
Articles
No abstract provided.
Exploiting Conservation Lands: Can Hydrofracking Be Consistent With Conservation Easements, Jessica Owley, Collin Doane
Exploiting Conservation Lands: Can Hydrofracking Be Consistent With Conservation Easements, Jessica Owley, Collin Doane
Articles
No abstract provided.
Enhancing Conservation Options: An Argument For Statutory Recognition Of Options To Purchase Conservation Easements (Opces), Federico Cheever, Jessica Owley
Enhancing Conservation Options: An Argument For Statutory Recognition Of Options To Purchase Conservation Easements (Opces), Federico Cheever, Jessica Owley
Articles
Land conservation transactions have been the most active component of the conservation movement in the United States for the past three decades. Conservation organizations have acquired property rights-mostly conservation easements-to protect roughly 40 million acres of land nationwide. However, climate change threatens this vast edifice. Climate change means that the resources that land conservation transactions were intended to protect may not persist on the land protected. Options to purchase conservation easements ("OPCEs") have long played a modest but important role in conservation law practice. In the world climate change is creating, with its substantial uncertainties and shifting windows of opportunity, …
The Tropics Exploited: Risk Preparedness And Corporate Social Responsibility In Offshore Energy Development, Nadia B. Ahmad
The Tropics Exploited: Risk Preparedness And Corporate Social Responsibility In Offshore Energy Development, Nadia B. Ahmad
Faculty Scholarship
No abstract provided.
Conservation Easements As Charitable Property: Fiduciary Duties And The Limits Of Charitable Self-Regulation, Melanie B. Leslie
Conservation Easements As Charitable Property: Fiduciary Duties And The Limits Of Charitable Self-Regulation, Melanie B. Leslie
Articles
No abstract provided.
Qualified Conservation Restrictions: Recollections Of And Reflections On The Origins Of Section 170(H), Theodore S. Sims
Qualified Conservation Restrictions: Recollections Of And Reflections On The Origins Of Section 170(H), Theodore S. Sims
Faculty Scholarship
It has been over thirty years since Congress added to the Internal Revenue Code section 170(h), which allows a deduction for contributions to charity of “qualified conservation restrictions,” commonly known as “conservation easements”. That provision was adopted over the objections of the Treasury, who had expressed reservations of both a conceptual and practical nature about the legislation, which the Treasury viewed as more than ordinarily vulnerable to abuse. I was invited to participate in this symposium, not because I have any expertise in working with these restrictions—I don’t—but to provide some perspective on what might have motivated the Treasury thirty-plus …
Conservation Easements As Charitable Property: Fiduciary Duties And The Limits Of Charitable Self-Regulation, Melanie B. Leslie
Conservation Easements As Charitable Property: Fiduciary Duties And The Limits Of Charitable Self-Regulation, Melanie B. Leslie
Articles
No abstract provided.
Some Pluralism About Pluralism: A Comment On Hanoch Dagan's "Pluralism And Perfectionism In Private Law", Jedediah S. Purdy
Some Pluralism About Pluralism: A Comment On Hanoch Dagan's "Pluralism And Perfectionism In Private Law", Jedediah S. Purdy
Faculty Scholarship
Hanoch Dagan is among “those who think it advantageous to get as much ethics into the law as they can,” in the phrase of Oliver Wendell Holmes, Jr. His pluralism is a perfectionism for polytheists: There are many human goods, and each has its domain, including some portion of the law of property. Depending on where we stand on the property landscape at any time, we may be community-minded sharers, devoted romantics in marriage, or coolly rational market actors, and the local property law will smooth each of these paths for us. Property law is built on the design of …
Water Rights, Markets, And Changing Ecological Conditions, Jonathan H. Adler
Water Rights, Markets, And Changing Ecological Conditions, Jonathan H. Adler
Faculty Publications
Conventional environmentalist thought is suspicious of private markets and property rights. The prospect of global climate change, and consequent ecological disruptions, has fueled the call for additional limitations on private markets and property rights. This essay, written for the Environmental Law Symposium on 21st Century Water Law, presents an alternative view. Specifically, this essay briefly explains why environmental problems generally, and the prospect of changing environmental conditions such as those brought about by climate change in particular, do not counsel further restrictions on private property rights and markets. To the contrary, the prospect of significant environmental changes strengthens the case …
Conservation Easements At The Climate Change Crossroads, Jessica Owley
Conservation Easements At The Climate Change Crossroads, Jessica Owley
Articles
No abstract provided.
Distributed Graduate Seminars: An Interdisciplinary Approach To Studying Land Conservation, Jessica Owley, Adena R. Rissman
Distributed Graduate Seminars: An Interdisciplinary Approach To Studying Land Conservation, Jessica Owley, Adena R. Rissman
Articles
No abstract provided.
Changing Property In A Changing World: A Call For The End Of Perpetual Conservation Easements, Jessica Owley
Changing Property In A Changing World: A Call For The End Of Perpetual Conservation Easements, Jessica Owley
Articles
No abstract provided.
Reconciling Development And Natural Beauty: The Promise And Dilemma Of Conservation Easements, Zachary A. Bray
Reconciling Development And Natural Beauty: The Promise And Dilemma Of Conservation Easements, Zachary A. Bray
Law Faculty Scholarly Articles
Local and regional private land trusts are among the most important and most numerous conservation actors in contemporary America, and conservation easements are perhaps the key land conservation tools used by these trusts. In recent decades, privately held conservation easements and local and regional private land trusts have grown at a rapid and increasing rate, and the total acreage protected by privately held conservation easements is now larger than some states. The early growth of privately held conservation easements met widespread approval, but more recently, contemporary conservation easement practice has attracted many critics, based in part on well-publicized national scandals …
Entrenching Environmentalism, Christopher Serkin
Entrenching Environmentalism, Christopher Serkin
Vanderbilt Law School Faculty Publications
This piece for the University of Chicago Law Review Symposium: Reassessing the State and Local Government Toolkit, examines how local governments can use private law mechanisms to entrench policy in ways that circumvent typical legal limitations. The piece examines in detail a specific example of a town donating conservation easements over property it owns to a third-party not-for-profit conservation organization in order ensure that the property would not be developed in the future. This is nearly the functional equivalent of passing an unrepealable zoning ordinance restricting development, something existing anti-entrenchment rules would never permit. The piece examines the costs and …
Slides: Economic Incentives For Demand Reduction, Christopher Goemans
Slides: Economic Incentives For Demand Reduction, Christopher Goemans
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Christopher Goemans, Department of Agriculture & Resource Economics, Colorado State University
17 slides
Slides: Status Of Southern Nevada Water Authority (Snwa): Third Intake Into Lake Mead And Groundwater Project, Kay Brothers
Slides: Status Of Southern Nevada Water Authority (Snwa): Third Intake Into Lake Mead And Groundwater Project, Kay Brothers
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Kay Brothers, Southern Nevada Water Authority (SNWA), Las Vegas, NV
37 slides
Slides: Groundwater Declines, Climate Change And Approaches To Adaptation, Katharine Jacobs
Slides: Groundwater Declines, Climate Change And Approaches To Adaptation, Katharine Jacobs
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Katharine Jacobs, Director of the Arizona Water Institute, University of Arizona
37 slides
A Decade Of Colorado Supreme Court Water Decisions, 1996-2006: Special Report, Colorado Foundation For Water Education
A Decade Of Colorado Supreme Court Water Decisions, 1996-2006: Special Report, Colorado Foundation For Water Education
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: Justice Greg Hobbs, Colorado Supreme Court
31 pages.
Includes color illustrations and map
"Acknowledgments: This special report highlights important features of Colorado Supreme Court water decisions handed down between 1996 and 2006. It contains excerpts from opinions authored by Justices Lohr, Vollack, Mullarkey, Kourlis, Hobbs, Martinez, Bender, Rice, Coats and Eid. It is adapted from an article that first appeared in The Water Report (www.thewaterreport.com), February 15, 2007, used with permission."
Slides: Reclamation: Managing Water In The West: Elwha River Restoration Project, Tim Randle
Slides: Reclamation: Managing Water In The West: Elwha River Restoration Project, Tim Randle
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: Tim Randle, Manager, Sedimentation and River Hydraulic Group, U.S. Bureau of Reclamation
58 slides
Saving Special Places: Trends And Challenges With Protecting Public Lands [Outline], Robert B. Keiter
Saving Special Places: Trends And Challenges With Protecting Public Lands [Outline], Robert B. Keiter
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
7 pages.
Includes bibliographical references
"Robert B. Keiter, Wallace Stegner Professor of Law, University of Utah, S.J. Quinney College of Law"
Agenda: The Future Of Natural Resources Law And Policy, University Of Colorado Boulder. Natural Resources Law Center, Rocky Mountain Mineral Law Foundation
Agenda: The Future Of Natural Resources Law And Policy, University Of Colorado Boulder. Natural Resources Law Center, Rocky Mountain Mineral Law Foundation
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
The Natural Resources Law Center's 25th Anniversary Conference and Natural Resources Law Teachers 14th Biennial Institute provided an opportunity for some of the best natural resources lawyers to discuss future trends in the field. The conference focused on the larger, cross-cutting issues affecting natural resources policy. Initial discussions concerned the declining role of scientific resource management due to the increased inclusion of economic-cost benefit analysis and public participation in the decision-making process. The effectiveness of this approach was questioned particularly in the case of non-market goods such as the polar bear. Other participants promoted the importance of public participation and …
Slides: Summary: Sources Of Stress And The Changing Context Of Natural Resources Law And Policy In The New West, William R. Travis
Slides: Summary: Sources Of Stress And The Changing Context Of Natural Resources Law And Policy In The New West, William R. Travis
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: Dr. William R. Travis, Department of Geography, University of Colorado at Boulder
43 slides
Slides: Community Ownership And Management Of Productive Forestland: Building Natural And Social Capital, Keith Bisson, Rodger Krussman
Slides: Community Ownership And Management Of Productive Forestland: Building Natural And Social Capital, Keith Bisson, Rodger Krussman
Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)
Presenters: Keith Bisson, Quebec-Labrador Foundation, and Rodger Krussman, The Trust for Public Land
20 slides
Slides: Community Forest Project: Grand Lake Stream, Maine, Steve Keith
Slides: Community Forest Project: Grand Lake Stream, Maine, Steve Keith
Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)
Presenter: Steve Keith, Farm Cove Community Forest, Downeast, ME
62 slides
The Emergence Of Exacted Conservation Easements, Jessica Owley Lippmann
The Emergence Of Exacted Conservation Easements, Jessica Owley Lippmann
Articles
No abstract provided.
Of Property And Anti-Property, Abraham Bell, Gideon Parchomovsky
Of Property And Anti-Property, Abraham Bell, Gideon Parchomovsky
All Faculty Scholarship
Private property is widely perceived as a potent prodevelopment and anticonservationist force. The drive to accumulate wealth through private property rights is thought to encourage environmentally destructive development; legal protection of such property rights is believed to thwart environmentally friendly public measures. Indeed, property rights advocates and environmentalists are generally described as irreconcilable foes. This presumed clash often leads environmentalists to urge public acquisition of private lands. Interestingly, less attention is paid to the possibility that the government may prove no better a conservator than private owners. Government actors often mismanage conservation properties, collaborating with private developers to dispose of …