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Property Rights, the Market, and Environmental Change in 20th-Century America

The economic success of the United States over the past century has prompted observers around the world to look to it for lessons on stimulating growth. Compared with many countries, the United States is plainly doing something right in terms of fostering the energies of its people. One cause of U.S. success has been the fertile land of central North America, and no study can overlook that unearned natural blessing. Still, American culture and its many institutions have played chief roles in the nation's cornucopia.

The Potential Role of Local Governments in Watershed Management

Protecting healthy watersheds and restoring degraded ones is one of this country's major unmet environmental challenges. Because watersheds do not respect political boundaries, effective watershed conservation will require cooperation and coordination among all levels of government, including local units. Watershed conservation is one of the increasingly significant environmental protection roles local governments are playing for a variety of reasons, ranging from choice to coercion.

The Tragedy of Fragmentation

Among certain academic circles, it has become common to assert that owners of private land take care of what they own. One encounters the claim most often in discussions about land-related environmental problems. Unowned lands, resources shared by many: these are the ones that are degraded, it is said, not lands that have a single owner vested with clear, secure rights. Private owners take care of what they own.

Private Land Made (Too) Simple

In a recent article in the Yale Law Journal, Profs. Thomas W. Merrill and Henry E. Smith express concerns about what they take to be the excessive abstraction of law-and-economics writing on private property. This scholarly discourse, they tell us, seems to have forgotten that property law has to do with things. It has become too focused on property as a bundle of legal entitlements and liabilities, overlooking the underlying res that a person might actually own.

Using Smart Growth to Achieve Sustainable Land Use Policies

Any analysis of U.S. progress toward meeting the goals of Agenda 21 must include a hard look at the political will and actions toward reforming our system of land use controls. Land development policies and decisions are inextricably intertwined with a significant number of items contained in Agenda 21, creating a perhaps unusual scenario requiring cross-disciplinary and interjurisdictional approaches to effectively implement strategies that will both promote and yield sustainable land development.

The Changing Economic Role of Natural Landscapes in the West: Moving Beyond an Extractive and Tourist Perspective

In discussions of the economies of the Mountain West, natural landscapes tend to be looked upon from either of two perspectives. The first is tied to the history of European settlement of the region. Natural landscapes are looked upon as the source of the natural resource raw materials that supply the region's "basic" industries: mining and metal processing, farming and ranching and the food processing associated with them, and timber harvest and the manufacturing based on it. The second view focuses more on the present and expected future.

Saving the Headwaters Forest: A Jewel That Nearly Slipped Away

On March 1, 1999, at 11:56 p.m. Pacific Coast time, the people of the United States took title to the Headwaters Forest, the largest remaining stand of privately owned, old growth redwoods in the world. Uncertain until the end, the transaction was recorded only minutes before the $250 million appropriation of federal funds for the purchase expired.

Redwoods, Junk Bonds, and Tools of Cosa Nostra: A Visit to the Dark Side of the Headwaters Controversy

The February 2000 issue of the Environmental Law Reporter (ELR) carried an Article by Deputy Secretary of the Interior David J. Hayes relating the dramatic negotiations that led to the settlement of the Headwaters controversy, whereby the federal government agreed to buy the Pacific Lumber Company's (PALCO's) Headwaters Forest, a 7,500-acre tract of old growth redwood trees, in order to preserve it as a national park. Though I was one of the lawyers for PALCO, and thus my perspective of this affair understandably differs from Mr.

New Nonimpairment Policy Projected for the National Park System

From the enactment of the National Park Service Organic Act (the Organic Act or the Act) in 1916 until a 1998 decision by a federal district court in Utah, the National Park Service (NPS) had managed national parks without resolving theseeming contradiction between the Act's directive to conserve park resources "unimpaired" and its simultaneous directive to provide for visitors' "enjoyment" of those resources. Uncertainty, confusion, and disputes about the inevitably conflicting implications of these mandates were virtually guaranteed by the text of the Act, which requires the NPS to—

The National Trails System: A Model Partnership Approach to Natural Resources Management

Our magnificent 40,000-mile National Trails System was established by Congress under the National Trails System Act (NTSA) of 1968 through the combined efforts of President Lyndon Johnson, Secretary of the Interior Stewart Udall, and Sens. Henry M. Jackson (D-Wash.) and Gaylord Nelson (D-Wis.). Private and nonfederal public lands make up the lion's share of federally recognized long-distance trail corridors.