This essay argues that, rather than being a constitutional bulwark against environmental regulation, certain kinds of property rights can actually ease constitutional barriers created by current Supreme Court doctrine. These environmental property rights (EPRs) are either rights to prevent...

In this paper we study international river pollution problems. We introduce a model in which the agents (countries) located along a river derive benefit while causing pollution, but also incur environmental costs of experiencing pollution from all upstream agents. We find that total pollution in...

Environmental regulation often involves the need to impose limits on the ways in which individuals can use their property. From municipal bylaws protecting urban trees, to greenbelt zoning and designation of land as critical habitat for endangered species, environmental restrictions can range...

The 104th Congress considered several proposals requiring compensation for regulatory actions that diminish property values. Aimed primarily at weakening environmental protection, the bills focused on property rights independent of the public benefits from regulation. By significantly broadening...

In the perspective of environmental protection efforts, environmental disputes occur between those who want to use natural resources to meet economic interests and those who have interests or obligations to protect the environment and natural resources. Normatively, environmental dispute...

In July 2010, the High Court of Botswana ruled against the San, often called pejoratively “Bushmen” or Basarwa, denying their right to access water on their ancestral lands inside the Central Kalahari Game Reserve (CKGR). During the June 9, 2010 hearing, the San requested that either the...