From Citizen Suits to Conservation Easements: The Increasing Private Role in Public Permit Enforcement
University at Buffalo Law School
April 2, 2013
43 Envtl L. Rep. News & Analysis 10406 (2013)
SUNY Buffalo Legal Studies Research Paper No. 2013-042
The past 40 years have seen an increase in the involvement of private actors in environmental law. One of the best-known (and arguably best-loved) methods for public involvement is the citizen suit. This popular method of public enforcement of environmental permits (among other things) has been joined by the use of conservation easements. Conservation easements are increasingly used to meet permit mitigation requirements. When private nonprofits hold the exacted conservation easements, they assume the role of permit enforcers. It is their job to ensure that conservation easement terms are complied with, giving them oversight and control over one of the pivotal components of environmental permitting regimes. Land-trust-held exacted conservation easements privatize enforcement of environmental law, much as citizen suits do. However, exacted conservation easements differ from citizen suits in that they foreclose public enforcement instead of complement it. Use of exacted conservation easements would improve if we apply lessons about public involvement and information from our citizen suit tradition.
Number of Pages in PDF File: 6
Keywords: Conservation Easements, Land Trusts, Citizen Suits, Environmental Law, Environmental Permitting
Date posted: May 2, 2013 ; Last revised: May 23, 2013
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