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Land Use

Green Infrastructure for Chesapeake Stormwater Management in a Changing Climate

One of the greatest impacts of climate change on the Chesapeake Bay Watershed will be the need for stormwater management. With green infrastructure, the Chesapeake region is in position to take national leadership on the issue of...

Floodplain Buyouts: How Local Governments Can Maximize Community Benefits, Habitat Connectivity, and Resilience

Since 1993, FEMA’s Hazard Mitigation Grant Program has funded the acquisition of over 37,000 flood-damaged properties. On these purchased properties, existing structures must be removed and the land dedicated to open space, recreational...

Whither Public Participation in Federal Land Management? Replicating Homegrown Innovations in Shared Problem Solving

The Trump Administration’s initial approach to federal land policy raises some long-standing, fundamental questions about the role of public participation and intergovernmental coordination in federal land management. Whether...

Carta de Foresta: The Charter of the Forest Turns 800

The Forest Charter is one of the world’s first pieces of environmental and natural resources legislation and the earliest example of democratic environmental governance. The Forest Charter radically changed rights relating to Royal...

Legal Pathways to Carbon-Neutral Agriculture

This Article, excerpted from Michael B. Gerrard & John C. Dernbach, eds., Legal Pathways to Deep Decarbonization in the United States (forthcoming in 2018 from ELI), examines the agricultural strategies, practices, and...

Conservation Easements in a Changing Climate

Conservation easements are increasingly being used both for traditional conservation purposes and as a tool for critical climate change mitigation and adaptation. Because land use decisions are generally made at the local level,...

Enhancing Conservation Options: An Argument for Statutory Recognition of Options to Purchase Conservation Easements (OPCEs)

Land conservation transactions have been the most active component of the conservation movement in the United States for the past three decades. Practitioners use traditional real estate tools to preserve habitat, scenery, and...

Comment on Enhancing Conservation Options: An Argument for Statutory Recognition of Option to Purchase Conservation Easements

This Comment points out the strengths and weaknesses of the options to purchase conservation easement.

Response to Enhancing Conservation Options: An Argument for Statutory Recognition of Options to Purchase Conservation Easements

This Comment points out the strengths and weaknesses of the options to purchase conservation easement.