Constitutions and the Commons looks at a critical but little examined issue of the degree to which the federal constitution of a nation contributes toward or limits the ability of the national government to manage its natural resources (or commons). Furthermore it considers how far the...

The southern United States is witnessing an economic and population boom, and development sprawl is increasing in proportion. Southern state and local jurisdictions maintain some of the least stringent land use regulations in the context of preserving open space and natural resources (or,...

State and local governments have long maintained regulatory authority to manage natural resources, and most subnational governments have politically exercised that authority to some degree. Policy makers, however, have increasingly recognized that the dynamic attributes of natural resources make...

While political rhetoric in the U.S. often frames regulatory limitations that have virtually any negative effect on property values as compensable, a number of doctrines represent the public's collective human right to a healthy environment free from compensation constraints. This chapter frames...

Important species are increasingly threatened on private lands and remain largely unregulated by federal and state laws. The gopher tortoise, present within six south-eastern states, is one such species. The tortoise is a keystone species, meaning that upon its existence numerous other species...

Government attempts to protect ecosystems on private lands are often thwarted by Fifth Amendment takings claims demanding that “just compensation” be paid to the property owner. In the case of Lucas v. South Carolina Coastal Council, the U.S. Supreme Court found that a state statute could...

Both critics and supporters of federal environmental law have called for its reform. Conservative scholars and policy makers in particular have called for reform due to the size, scope, and cost of the federal environmental bureaucracy. To date, however, conservatives have implemented few...

While much has been written about the U.S. Constitution, very little, if anything at all, has been said about the ways in which the Constitution shares attributes with the commons. This article examines the Constitution and the efforts to influence the shape and scope of its application through...

Environmental constitutionalism is of increasing importance as both national and subnational governments seek to facilitate environmental protection through constitutional provisions. Most environmental constitutionalism scholarship focuses on textual constitutional provisions protecting...

Wood pellet production facilities have spread rapidly across the southeastern United States over the last decade, a market driven largely by electricity generators in Europe converting from coal-fired to wood pellet-fired boilers. This has raised concerns that non-timber values of southern U.S....