Land Use

Conventional wisdom says that the Resource Conservation and Recovery Act (RCRA) is an impediment to the reuse of brownfields. Examination of a decade of experience, however, reveals that…

Editors' Summary: Although most talk in terms of wildlife protection seems to focus on the operation of the ESA, there are a host of other federal and state laws designed to protect wildlife…

Editors' Summary: In recent years, vindication of private-property rights has been the rallying cry of various citizen groups and politicians who believe that certain regulatory restrictions—…

Editors' Summary: Property rights advocates implicitly complained in Babbitt v. Sweet Home Chapter of Communities for a Great Oregon that a Fish and Wildlife Service regulation that…

Editors' Summary: This Article addresses the effect of the U.S. Constitution's Takings Clause on the government's authority to protect environmental resources. An earlier Article, published in…

Editors' Summary: Environmental regulation has come under increasing attack from those who argue that governmental limitations on property use violate constitutional restrictions on regulatory…