Harvard Environmental Law Review

property law

When Perpetual is Not Forever: The Challenge of Changing Conditions, Amendment, and Termination of Perpetual Conservation Easements

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By Jessica E. Jay As the use of perpetual conservation easements to protect private property for the public’s benefit grows in popularity, so grow the challenges associated with these perpetually binding promises. Today’s conservation community faces significant challenges to amending and terminating perpetual conservation easements in the face of changing conditions, … [Read more...] about When Perpetual is Not Forever: The Challenge of Changing Conditions, Amendment, and Termination of Perpetual Conservation Easements

Expanding Regional Renewable Governance

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By Hannah Wiseman Energy drives economies and quality of life, yet accessible traditional fuels are increasingly scarce. Federal, state, and local governments have thus determined that renewable energy development is essential and have passed substantial requirements for its use. These lofty goals will fail, however, if policymakers rely upon existing institutions to govern … [Read more...] about Expanding Regional Renewable Governance

Comment: Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection

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By Jared Policicchio After five years of relative quiet, federal property law doctrine is once again the site of renewed controversy. Last Term, the Supreme Court unanimously rejected a Fifth Amendment takings claim alleged to have occurred when Florida took ownership of newly submerged land after a county beach renourishment project. Importantly, the decision marked the … [Read more...] about Comment: Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection

Notional Generosity: Explaining Charitable Donors’ High Willingness To Part with Conservation Easements

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By Josh Eagle Data on the average value of donated conservation easements reveal that donors are, on the surface, exceptionally generous in making gifts of easements. The only plausible explanation for these data is that donors’ incentive to donate is strongly linked to their subjective valuation of the costs of donating. Donating a dollar’s worth of easement is a much better … [Read more...] about Notional Generosity: Explaining Charitable Donors’ High Willingness To Part with Conservation Easements