Chile, whose public has experienced widespread dissatisfaction with Chilean environmental policies, seems poised to use the ongoing redrafting of its constitution to entrench the public trust doctrine in its fundamental charter. The ancient doctrine, emanating from Roman law and reflected in the...

The terms governing land investments can shape whether host countries and local communities benefit from investment projects. Yet host governments in low- and middle-income countries often lack sufficient legal and technical capacity to prepare for, negotiate, implement, and monitor investments,...

Pacific salmon, the signature species of the Pacific Northwest, have declined across their range for well over a century, due to a myriad of human-caused effects on their habitat and the fish themselves. Restoration efforts—some successful, some halting—began earnest in the late 20th...

Among the most innovative provisions of the Federal Land Policy and Management Act (FLPMA) of 1976 were those called for the Bureau of Land Management (BLM)to designate public lands as “areas of critical environmental concern” (ACECs) for protective management. In fact, FLPMA made it quite...

This is the tables of contents and cases, the preface, and part of the introductory chapter to the 3rd edition of Native American Natural Resources Law, published by Carolina Academic Press. This coursebook is suitable for a 2- or 3-credit course in Indian Law or Environmental and Natural...

In this time of rapid climate change and gaping inequality, we face urgent questions about the ability of current property systems to sustain us into the future. But how does property-system change happen? Land reform is difficult to imagine, much less implement, within a physical landscape...

This forthcoming piece of legal scholarship analyzes the specific ways in which modern property rules are transforming land into an asset class to be monetized, capitalized, and exploited. In fundamental ways, our collective property choices about land calibrate our relationship to physical...

This Article considers the future interaction of environmental regulation and private property rights, with an emphasis on climate change issues. It concludes that environmental issues not satisfactorily resolved at the federal level will lead to more state and local regulation that impinges on...

Institutional arrangements to protect the environment, manage natural resources, or regulate other aspects of society and the environment are not merely matters of optimal institutional design or choice. These arrangements result, at least in substantial part, from the evolution of...

Twenty years ago Glacier National Park was considered the park most at risk from external threats, such as mining and timber harvesting on adjacent lands. This finding led to an earlier Article that examined whether Glacier officials were effectively defending the park from these external...