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Full-Text Articles in Law
The Fire Next Time: Land Use Planning In The Wildland/Urban Interface, Jamison E. Colburn
The Fire Next Time: Land Use Planning In The Wildland/Urban Interface, Jamison E. Colburn
Jamison E. Colburn
Wildfire is a growing threat to suburban and exurban communities, in part because fires have grown more severe and frequent as a result of land use and climatic influences and in part because more people are living in fire prone areas. The so-called Healthy Forest Restoration Act (HFRA), the federal government’s response to this crisis, is a deeply flawed statute that will likely exacerbate wildfire risks at the same time it makes real ecological restoration even harder. While HFRA took halting, partial steps toward the integration of broad and small scale land use planning, it was clearly still the outgrowth …
Bioregional Conservation Means Taking Habitat, Jamison E. Colburn
Bioregional Conservation Means Taking Habitat, Jamison E. Colburn
Jamison E. Colburn
Conservation’s richest innovation in decades has been the conservation easement and, by most accounts, it is still growing in both prevalence and scale. Private actors have used this device to innovate around the gridlock of the public sphere, achieving broad scales with limited capital. But this turn toward private ordering to protect nature has begun revealing some of the possibilities it will foreclose over the long term. With the demand for homes and second homes in rural and “exurban” environments soaring, the price of landscape scale conservation keeps rising, even as more of what is owned is already facing grave …
The Indignity Of Federal Wildlife Habitat Law, Jamison E. Colburn
The Indignity Of Federal Wildlife Habitat Law, Jamison E. Colburn
Jamison E. Colburn
In this article, I argue that the agencies charged under federal law with the protection of wildlife populations are, to a fault, too rational, too deliberate, too sequential in operation, and too focused on putting various tracts of federal realty on highly protective pedestals. My overall critique is that our administrative system's commitments to rationality and public participation per se render it an ineffective means to the end of wildlife habitat protection. Conservation biologists have agreed time and again how important continuous adaptation is to success in this field and how necessary it is to keep all high stakes judgments …