This article explores how deeply held philosophies and environmental risk allocation are "real" values in terms of enivronmental impacts, and as such should be considered under NEPA. If this were the case, this would make the operation of NEPA more transparent and efficient

The public trust doctrine is an ancient doctrine of public property law that governs sovereign stewardship of natural resources. The doctrine both promote public access to trust resources and requires sovereign protection of them for the benefit of the public, including future generations. The...

Intergenerational equity has rarely been related to the management of Antarctica. This contribution discusses the question to what extent the principle of intergenerational equity has been implemented in the Antarctic Region through the instruments of the Antarctic Treaty system (ATS). A...

On the one hand, wind power production is necessary for decarbonizing the electricity sector. On the other hand, we risk replacing one environmental problem with other environmental problems, that is, stopping climate change in exchange with increased loss of pristine land and biodiversity. The...

Property issues arise in interconnected physical, social, and legal environments. All indications point to interconnections that are complex, far-reaching in scope, multi-scalar, dynamic, and nonlinear. Property institutions must adapt to these complexities and changing conditions. However, it...

As the use of perpetual conservation easements as a land protection tool has grown, so have concerns regarding whether, when, and how such easements may be modified or terminated to respond to changed conditions. This Article argues that the charitable trust doctrine of cy pres should apply to...

The tension between an expansive reading of the Takings Clause and the state's virtually unlimited power to tax has been the subject of repeated scholarly comment but has received little systematic exploration. Some scholars, most notably Richard Epstein, have attempted to use the tension...

This article argues that New York municipalities should integrate land banks into the tax enforcement process to break the unhealthy cycle perpetuated by real estate and lien speculators. By transferring all tax liens and foreclosed properties to local land banks, municipalities can generate an...

This short paper written for a symposium issue of the Property Law Review on "Research Methods in Property Law," provides a concise introduction to the ways in which property rights (and duties) structure economic relations and, in turn, are influenced by economic considerations. Among the...

The institutional and ecological structure of Hardin’s “tragedy of the commons” appears deceptively simple: the open-access pasture eventually will be overexploited and degraded unless (i) it is privatized, (ii) the government regulates access and use, or (iii) the users themselves impose...