Markets for conservation, by assigning a price to environmental values, can help protect land from eminent domain

Concern about eminent domain has traditionally been a concern of property rights activists, not the environmental community. But that may … More

Settling lawsuit brought by 20 states, U.S. Fish and Wildlife Service to reconsider critical habitat regulations. What will this mean for conservation?

Last week, the U.S. Fish and Wildlife Service announced that it had settled a lawsuit brought by 20 states against … More

The role of property rights in steering climate adaptation

Charleston, South Carolina is particularly vulnerable to the impacts of sea level rise due to climate change. A low lying … More

Protecting the environment does not require us to abandon the rule of law

This week, briefing began in WildEarth Guardians v. U.S. Department of Justice, a case of critical importance to anyone concerned about … More

The Supreme Court wrestles again with the Clean Water Act’s due process deficit

Last week, the Supreme Court heard argument in the case challenging the WOTUS rule—the controversial rule defining the scope of … More

Can the government use tax foreclosures to destroy conservation easements without compensation?

Not paying your taxes should and does have serious consequences. Governments, and most people, have little sympathy for tax delinquents. … More

Historic preservation laws lead to deterioration, so does involuntary conservation

In Naperville, a suburb of Chicago, local activists succeeded in stopping the development of a mixed-use (residential & commercial) development … More

Can “perpetual” conservation easements be updated to changing circumstances?

Conservation easements are an increasingly important tool for protecting the environment. Roughly 24 million acres in the United States are … More

Will capitalism save the rhino?

Rhinos have been hunted to the verge of extinction because of their valuable horns. Most governments have responded, as they … More

Endangered species depend on private land for habitat, so why treat landowners as the enemy?

Designating uninhabitable private land as “critical habitat” discourages private conservation with no compensating benefit for species.