environmental property rights

Environmental Property Rights (Part IV)

Environmental property rights, such as tradable permits, conservation trusts, and the public trust doctrine, can change the constitutional landscape of environmental law.


Environmental Property Rights (Part III)

An environmental property right (EPR) can be defined as an enforceable interest deriving from an environmental asset such as air quality or an undisturbed forest.  EPRs are diverse and varied. Most EPRs are derived from statute rather than the common law, and many are of recent vintage.  Some EPRs are marketable; others are not. Fundamentally, …


Environmental Property Rights: Part II

The previous post in this series introduced the idea of environmental property rights. There are a surprising number of EPRs.  A complete listing would include at least nine kinds of EPRs:  In addition to the public trust doctrine and tradable permits (which were discussed in the first part of the series), here are seven more: …


Environmental Property Rights: Part I

This is the first of a four part series on environmental property rights (EPRs).  EPRs are property rights that are designed to help protect the environment.  They are either rights to prevent environmental degradation  or limited rights to impair the environment.  A couple of examples may help explain the concept. 1. The Public Trust Doctrine. …