The dominant approach to environmental policy endorsed by conservative and libertarian policy thinkers, so-called "free market environmentalism" (FME), is grounded in the recognition and protection of property rights in environmental resources. Despite this normative commitment to property...

Several recent empirical studies have indicated that the Endangered Specifies Act (ESA) discourages species conservation on private land. This is because the law encourages landowners to shoot, shovel and shut up before federal authorities discover the species are present or may move onto the...

Fisheries the world over are poorly managed and under stress. Yet, proper fishery management can both conserve fisheries and maintain their value as a resource for human consumption. One approach long recommended by economists has been the allocation or recognition of property rights in...

The existing environmental regulatory architecture, largely erected in the 1970s, is outdated and ill-suited to address contemporary environmental concerns. Any debate on the future of environmental protection, if it is to be meaningful, must span the political spectrum. Yet there is little...

Antitrust law aims to protect consumers from anti-competitive conduct that can restrict output and increase price. Conservation, on the other hand, often requires restrictions on output in order to maintain resource consumption at a sustainable level. Thus, while antitrust and environmental law...

This article explores the tension between antitrust principles and conservation of the marine commons. Part I provides an overview of fishery conservation efforts in theory and practice. As a common pool resource, marine fisheries will fall prey to the "tragedy of the commons" unless consumption...

Most Americans consider themselves environmentalists, yet most experts are dissatisfied with existing environmental regulations, which are both inefficient and inequitable. Worse, many don't serve environmental goals. This article outlines an alternative approach to environmental policy based on...

Supreme Court decisions limiting citizen suit standing are commonly viewed as a threat to environmental protection. Lujan v. Defenders of Wildlife, Steel Co. v. Citizens for a Better Environment, and other cases are portrayed as attacks on environmental activists' ability to safeguard the public...

Today there is widespread dissatisfaction with many aspects of federal environmental law. The apparent success of early environmental regulations notwithstanding, many analysts and academics have begun to reexamine the potential of common law causes of action to supplement, if not supplant,...