An Introduction to Conservation Easements in the United States: A Simple Concept and a Complicated Mosaic of Law

The idea of a conservation easement – restrictions on the development and use of land designed to protect the land’s conservation or historic values – can be relatively easily understood. More significant and more challenging is the complex body of state and federal laws that shapes the creation, funding, tax treatment, enforcement, modification, and termination of conservation easements. The explosion in the number of conservation easements over the past four decades has made them one of the most popular land protection mechanisms in the United States. The National Conservation Easement Database estimates that the total number of acres encumbered by conservation easements exceeds 40 million.Because conservation easements are both novel and ubiquitous, understanding how they actual work is essential for practicing lawyers, policymakers, land trust professionals, and students of conservation. This article provides a “quick tour” through some of the most important aspects of the developing mosaic of conservation easement law. It gives the reader a sense of the complex inter-jurisdictional dynamics that shape conservation transactions and disputes about conservation easements. Professors of property law, environmental law, tax law, and environmental studies who wish to cover conservation easements in the context of a more general course can use the article to provide their students with a broad but comprehensive overview of the relevant legal and policy issues.

Genetically Engineered Crops: A Study of Major Environmental Implications and U.S. Policy

The adoption of genetically modified crops is becoming evermore common in United States agriculture. However, this relatively new technology carries a negative stigma and perceived risks that have resulted commonly in public disapproval. In the United States, bioengineered crops are highly regulated. The significance of environmental benefits such as decreased chemical impact, increased soil conservation, heightened carbon sequestration, decreased energy demands, and reduced air emissions, are important enough to warrant a revision to U.S. policy. The U.S. policy structure needs to be simplified and made more efficient to better facilitate the speed with which new GE products can, and should, be developed while still providing adequate mitigation of potential environmental risks such as species invasiveness and impacts on non-target species.

Recommendations for Soil and Water Conservation Programs

The United States Department of Agriculture employs soil and water conservation programs to assist with the sustainable use of natural resources in balance with economic vitality in rural America. This capstone project analyzed soil and water conservation programs to identify strengths, weaknesses, and methods to maximize environmental benefits. There are many requirements for participation in these programs which are difficult for most agricultural producers to comprehend. Research indicates in order to accomplish the goals of federal conservation programs and assist individuals, a method must be developed to effectively present information in a concise manner. This capstone project created a communicative measure, a template, to disseminate pertinent knowledge on soil and water conservation programs, thereby filling a void in existing literature.

Candidate Conservation Agreements to Minimize Military Conflicts with Wildlife Laws: The Gopher Tortoise (Gopherus polyphemus)

The proposed Endangered Species Act listing of the gopher tortoise has the potential to impact the military mission at installations in the southeastern United States. Candidate Conservation Agreements with the U.S. Fish and Wildlife Service could be a tool to promote conservation and potentially preclude listing. This project identified military activities that could be affected and determined that military natural resources managers are unsure if such an agreement would prevent impacts to the military mission or impose the same restrictions as federal listing. This project found that if a gopher tortoise Candidate Conservation Agreement can be developed such that it benefits the species as well as the military, it should be used as a model for other species.

Planning for the Future: Gray Water Supply as a Conservation Measure for a Key Water Provider in Douglas County, Colorado

Diminishing water in the Denver Basin aquifers requires Parker Water and Sanitation District plan for the future to ensure availability of supply. Water conservation is one approach to prolonging the life of the aquifers. Homeowner installed gray water systems will help conserve 25 percent of the water needed and reduce the need to pump ground water for irrigation. Non-potable water through gray water systems will reduce the demand on the supplier. Gray water use will prolong a potable supply to Parker for years ahead. For this plan to be effective, Colorado regulations must change to allow gray water use. This goal will be achieved as the mind-set about water conservation shifts and water suppliers and consumers demand modification to policies.

Trees as Tools in Environmental Improvement; An Analysis of the Contribution of Vegetation to Energy and Water Conservation in the Front Range of Colorado

The Denver metropolitan area is facing rapid population growth that increases the stress on already limited resources. Research and advanced computer modeling show that trees, especially those in urban areas, have significant environmental benefits. These benefits include air quality improvements, energy savings, greenhouse gas reduction, and possible water conservation. This Capstone Project applies statistical methods to analyze a small data set of residential homes and their energy and water consumption, as a function of their individual landscape. Results indicate that tree shade can influence water conservation, and that irrigation methods can be an influential factor as well. The Capstone is a preliminary analysis for future study to be performed by the Institute for Environmental Solutions in 2007.

Analysis of the Convention on International Trade in Endangered Species (CITES) and the Endangered Species Act (ESA) and Its Effects on Giant Panda Conservation

The giant panda, Ailuropoda melanoleuca is an endangered species that is protected under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the Endangered Species Act (ESA). Numerous factors have led to a decline in giant panda populations in China including habitat loss from human activity, poaching, panda inbreeding and a low reproductive rate. This capstone analyzes the effects of CITES and ESA as policies for the protection of panda populations and their habitat. CITES and ESA provide some protection for panda populations in the United States. However, these policies do not address panda habitat protection in China.