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Land Use

Local Land Use Power: Managing Human Settlements to Mitigate Climate Change

Local land use law has evolved into a flexible and powerful technique for achieving sustainable development. This Article, adapted from Chapter 3 of Choosing to Succeed: Land Use Law & Climate Control (ELI Press 2021), looks at the...

Down the Rabbit Hole With the IRS’ Challenge to Perpetual Conservation Easements, Part Two

When the Internal Revenue Service began disallowing gifts of perpetual conservation easements for claimed failures of perpetuity requirements, it tumbled land trusts, landowners, and the U.S. Tax Court down the rabbit hole to a...

An Enduring American Heritage: A Substantive Due Process Right to Public Wild Lands

I magine, on account of an economic downturn associated with massive defense spending, or a change in regulatory philosophy, or a pandemic, the U.S. Congress enacted legislation duly signed by the president to sell virtually all federal...

Federal Lands and Fossil Fuels: Maximizing Social Welfare in Federal Energy Leasing

The externality costs of fossil fuel production—including pollution costs—are not accounted for under the U.S. Department of the Interior’s (Interior) coal, oil, and natural gas leasing programs. This results in fossil fuel production...

No New Fossil Fuel Leasing: The Only Path to Maximizing Social Welfare in the Climate Change Era

In Federal Lands and Fossil Fuels: Maximizing Social Welfare in Federal Energy Leasing, Prof. Jayni Foley Hein assesses inefficiencies in the federal fossil fuel leasing program that lead to the over-extraction of fossil fuels...

The Public’s Interest and Durable Management of Energy Development on Public Lands

The United States owns, on behalf of all Americans, approximately 30% of the nation’s land, totaling more than 600 million acres. These lands are overseen by the Bureau of Land Management (BLM) in the U.S. Department of the...

Developments in Standing for Public Lands and Natural Resources Litigation

This Article offers a framework for analysis of potential developments in the law of standing in cases involving public lands and natural resources. It is based on recent federal case law and academic literature addressing the law of...

Illegal Water Use, Marijuana, and California’s Environment.

The illicit and illegal use of water to grow marijuana is an environmental problem that has plagued the recently legalized crop for decades. Because growing marijuana has consistently been a more visible crime than theft and diversion...

Gunderson v. State: The Indiana Supreme Court Strengthens the Public Trust Doctrine’s Potential for Conservation in the Great Lakes

The Indiana Supreme Court recently delivered a landmark public trust decision, Gunderson v. State, ruling that the state acquired and still owns Indiana’s bed of Lake Michigan below the ordinary high water mark, including...

New Wine in Old Bottles: Distorting the Antiquities Act to Aggrandize Executive Power

President Donald Trump promised to undo much of the regulatory handiwork of his White House predecessors. On the heels of his inauguration, President Trump tasked Secretary of the Interior Ryan Zinke to review national monument...

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