The essence of a conservation easement as a static perpetual restriction is coming to a head with the understanding that the world is a changing place. This demonstration is nowhere more dramatic than in the context of global climate change. In response to this conflict, users of conservation...

Land conservation increasingly involves a concentrated focus on private lands, and increasingly a focus coming from private organizations. In this effort to protect land, conservation easements have become widespread. Conservation easements are generally conceived of as a way to prevent...

We (as humans subject to climate change) have been unsuccessful at using law to address climate change. Our use of law to engage individuals, industry, and states in climate mitigation has appeared as a drip rather than the flood that is needed. Climate adaptation efforts have likewise been...

When our pollution control statutes were drafted in the 1970s, smokestack sources sat squarely in these laws' regulatory cross hairs. Over the past few decades, however, manufacturing's relative importance has declined while the service sector has ascended to the point where services now...

In this article, we focus on the potential of governmental authorities dedicated to management of ecosystem services. We argue that the creation of such Ecosystem Service Districts (ESDs) will improve the efficient provision of services necessary for human welfare. At the moment, when agencies...

Recent decades have witnessed a considerable increase in Payments for Ecosystem Services (PES) — programs that exchange value for land management practices intended to provide or ensure ecosystem services — with over 550 active programs around the globe and an estimated US$36-42 billion in...

In this article, we focus on the potential of governmental authorities dedicated to management of ecosystem services. We argue that the creation of such Ecosystem Service Districts (ESDs) will improve the efficient provision of services necessary for human welfare. At the moment, when agencies...

When our pollution control statutes were drafted in the 1970s, smokestack sources sat squarely in these laws' regulatory cross hairs. Over the past few decades, however, manufacturing's relative importance has declined while the service sector has ascended to the point where services now...

Recent writings by Dan Farber and J.B. Ruhl have put forward a strong case for "eco-pragmatic" and "radical middle" approaches to environmental policymaking. Rather than debate the merits of such an approach, in this Article we examine whether eco-pragmatic policy development is likely in...