Enhancing Conservation Options: An Argument for Statutory Recognition of Options to Purchase Conservation Easements (OPCEs)

The most dynamic component of the conservation movement in the United States for the past three decades has been land conservation transactions. In the United States, land conservation organizations have protected roughly 40 million acres of land through transactions. Most of these acres have been protected using conservation easements. Climate change threatens the vast conservation edifice created by land conservation transactions. The tools of land conservation transactions are, traditionally, stationary. Climate change means that the resources that land conservation transactions were intended to protect may no longer remain on the land protected. Options to purchase conservation easements (OPCEs) have long played a modest but important role in conservation law practice. In the world climate change is creating, with its substantial uncertainties and shifting windows of opportunity, OPCEs can serve more complicated and strategic purposes. The ability of OPCEs to serve important roles in protecting land in the context of uncertainty would be significantly increased if state legislatures amend current conservation easement statutes to (1) specifically recognize OPCEs, (2) immunize OPCEs from a range of potential common law challenges, (3) guarantee the durability and transferability of OPCEs, and (4) integrate OPCEs into the burgeoning body of conservation easement law. These statutory amendments would do for OPCEs what conservation easement statutes have done for conservation easements: transform them into an essential multi-purpose tool for conservation in a changing world.

Agriculture and sustainable development: The role of small scale agriculture in obtaining food security

The international community has expressed a renewed interest in small scale agriculture and the role it plays in long-term food security in the face of climate change and population growth. This interest has led to a new development paradigm in which small scale producers are being brought into the global market. Undoubtedly, small scale agriculture should be pursued as a sustainable form of development which can contribute to poverty alleviation, environmental stewardship, and the preservation of genetic diversity. These unique contributions are inherently threatened by a system captured in the idea of the neoliberal food regime. The ability of small scale agriculture to uphold the goals of food security are dependent on recognition and preservation of these contributions.