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.

Climate Change Policy & the Natural Gas Transmission Sector

Various emission reduction strategies are proposed to manage climate change in the U.S. This applied capstone evaluates the most likely policy options considering impacts and benefits to the natural gas transmission sector (NGT). It examines a case-study including a comparison of policy options to recommend the most beneficial program to the NGT sector. Two conclusions of major importance are: a federally preempted cap-and-trade program would be the most cost-effective for the NGT sector and the NGT sector should not be the point of regulation of any climate policy. Recommendations, strategies, and costs for implementation of a compliance plan for a federally preempted cap-and-trade program were developed as a tool for NGT companies as part of this applied capstone project.

Solar Photovoltaic Energy Project Development on Brownfields: Leveraging Policy Incentives and Project Financing Mechanisms

This study evaluates the practice of redeveloping Brownfields with solar photovoltaic renewable energy technology. Utilizing renewable energy as a strategy to reuse contaminated or potentially contaminated property is a relatively new convention. While the benefits of redeveloping Brownfields are well established, ongoing challenges and limited literature on the subject complicate the practice. Challenges, opportunities, and benefits related to renewable energy development on Brownfields are identified and analyzed. Strategic leveraging of federal, state, local, and utility incentives for renewable energy and Brownfield revitalization, and gap finance tools is explored and evaluated. A comparison of three photovoltaic Brownfield projects is analyzed for critical success and failure factors, and lessons learned. A recommendation of best practices is made based on findings and results.