Jessica Owley

University of Miami - School of Law

P.O. Box 248087

Coral Gables, FL 33146

United States

SCHOLARLY PAPERS

53

DOWNLOADS
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5,886

SSRN CITATIONS
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Top 29,274

in Total Papers Citations

5

CROSSREF CITATIONS

21

Scholarly Papers (53)

1.

A Response to the IPCC Fifth Assessment

Environmental Law Reporter, Vol. 45, No. 1, 2015
Number of pages: 22 Posted: 06 Dec 2014 Last Revised: 24 May 2016
University of Oregon School of Law, Chapman University, The Dale E. Fowler School of Law, Ohio State University (OSU) - Michael E. Moritz College of Law, University of Utah S.J. Quinney College of Law, Widener University - Commonwealth Law School, Albany Law School, University of Minnesota Law School, Pace Law School, University of Idaho College of Law - Boise, University of Miami - School of Law, Oklahoma City University - School of Law, Drake University Law School, Oregon State University, College of Business and University of California Hastings College of the Law
Downloads 636 (44,580)

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2.

Rethinking Sustainability to Meet the Climate Change Challenge

43 Environmental Law Reporter 10342-10357
Number of pages: 16 Posted: 16 Dec 2012 Last Revised: 18 Aug 2014
Columbia University - Sabin Center for Climate Change Law, BurlesonInstitute.org, City University of New York - School of Law, University of Utah S.J. Quinney College of Law, Albany Law School, Albany Law School, University of Colorado Law School, Pace Law School, University of Idaho College of Law - Boise, University of Miami - School of Law, Vermont Law School, Lewis & Clark Law School, Oklahoma City University - School of Law and Drake University Law School
Downloads 529 (56,476)

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sustainability, climate change, adaptation, resiliency

3.

Towards Engaged Scholarship

Pace Law Review, Forthcoming
Number of pages: 40 Posted: 26 Feb 2013 Last Revised: 09 Feb 2017
Pace University School of Law, University of Montana - Alexander Blewett III School of Law, Columbia University - Sabin Center for Climate Change Law, SUNY Buffalo Law School, Fordham University School of Law, South Texas College of Law, Pace Law School, Georgetown University Law Center, Albany Law School, University of San Francisco - School of Law, West Virginia University - College of Law, Vermont Law School, University of Kansas - School of Law, University of Miami - School of Law, Loyola University Chicago School of Law, Drake University Law School and Vanderbilt Law School
Downloads 322 (101,709)

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legal scholarship, teaching, legal profession, education, pedagogy

4.

Climate Change Challenges for Land Conservation: Rethinking Conservation Easements, Strategies, and Tools

Stanford Public Law Working Paper
Number of pages: 53 Posted: 09 Aug 2018 Last Revised: 27 Nov 2018
University of Miami - School of Law, University of Denver Sturm College of Law (deceased), University of Wisconsin-Madison, Environmental Defense Fund, Stanford Law School and Indiana University Maurer School of Law
Downloads 283 (116,901)
Citation 2

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5.

Changing Property in a Changing World: A Call for the End of Perpetual Conservation Easements

Stanford Environmental Law Journal, Vol. 30, p. 121, 2011
Number of pages: 57 Posted: 26 Oct 2010 Last Revised: 25 Jun 2013
Jessica Owley
University of Miami - School of Law
Downloads 220 (150,749)

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Conservation Easements, Perpetuity, Climate Change, Adaptive Management

6.

Beyond Zero-Sum Environmentalism

Environmental Law Reporter, Vol. 47, No. 4, 2017
Number of pages: 24 Posted: 08 May 2017 Last Revised: 24 Oct 2017
Northeastern University - School of Law, University of Utah S.J. Quinney College of Law, Widener University - Commonwealth Law School, Albany Law School, University of Colorado Law School, University of Miami - School of Law, Lewis & Clark Law School, Oklahoma City University - School of Law, Drake University Law School, Vanderbilt University - Law School, University of California, Santa Barbara (UCSB) - Donald Bren School of Environmental Science & Management, Oregon State University, College of Business and University of California Hastings College of the Law
Downloads 216 (153,335)

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Zero Sum, Environmental Law, Rhetoric, Trade Offs

7.

Neoliberal Land Conservation and Social Justice

International Union for Conservation of Nature Academy of Environmental Law e-Journal, 2012
Number of pages: 13 Posted: 16 Apr 2012 Last Revised: 09 Aug 2012
Jessica Owley
University of Miami - School of Law
Downloads 187 (175,203)

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8.

Mineral Estate Conservation Easements: A New Policy Instrument to Address Hydraulic Fracturing and Resource Extraction

47 Environmental Law Reporter 10112 (2017)
Number of pages: 10 Posted: 03 Feb 2017
Robert B. Jackson, Jessica Owley and James E. Salzman
Duke University, University of Miami - School of Law and University of California, Santa Barbara (UCSB) - Donald Bren School of Environmental Science & Management
Downloads 175 (185,866)

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Mineral Estate Conservation Easement (MECE), Hydraulic Fracturing, Energy Policy and Regulation, Private Land Use, Land Use Regulations

9.

Cultural Heritage Conservation Easements: The Problem of Using Property Law Tools for Heritage Protection

Land Use Policy 2015, Forthcoming
Number of pages: 22 Posted: 07 Jul 2015 Last Revised: 01 Dec 2015
Jessica Owley
University of Miami - School of Law
Downloads 162 (198,567)

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conservation easement, privitization, cultural heritage, perpetuity, land trust

10.

Conservation Easements at the Climate Change Crossroads

Law & Contemporary Problems, Vol. 74, p.199, 2011
Number of pages: 30 Posted: 22 Jan 2011 Last Revised: 01 Jul 2013
Jessica Owley
University of Miami - School of Law
Downloads 153 (208,362)

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conservation easements, climate change, active management, perpetuity

11.

Environmental Law. Disrupted

49 Environmental Law Reporter 10038 (2019)
Number of pages: 25 Posted: 10 Jan 2019 Last Revised: 24 Oct 2019
Oregon State University, College of Business, University of California Hastings College of the Law, City University of New York - School of Law, Texas A&M University School of Law, University of Utah S.J. Quinney College of Law, Albany Law School, University of Houston Law Center, University of Colorado Law School, Pace Law School, University of Miami - School of Law, Lewis & Clark Law School, Drake University Law School, Oklahoma City University - School of Law, Vanderbilt University - Law School and Florida State University, College of Law
Downloads 151 (210,634)

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12.

Use of Conservation Easements by Local Governments

GREENING LOCAL GOVERNMENT, Patricia Salkin and Keith Hirokawa, eds., A.B.A. Publishing, 2011 (pp. 237-255)
Number of pages: 19 Posted: 03 Nov 2010 Last Revised: 10 Sep 2017
Jessica Owley
University of Miami - School of Law
Downloads 150 (211,850)

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conservation easement, local government, land trust, exaction

13.

Adapting Conservation Easements to Climate Change

Conservation Letters, 2014
Number of pages: 28 Posted: 29 Mar 2014 Last Revised: 02 Aug 2016
University of Wisconsin-Madison, University of Miami - School of Law, Stanford Law School and Environmental Defense Fund
Downloads 145 (217,768)

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climate change, conservation easements, land trusts, private land conservation, protected areas

14.

Keeping Track of Conservation

42 Ecology Law Quarterly 79 (2015)
Number of pages: 59 Posted: 15 May 2015 Last Revised: 31 Jul 2015
Jessica Owley
University of Miami - School of Law
Downloads 141 (222,693)

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Mitigation, Habitat Conservation Plans, Endangered Species, Conservation Easements, California

15.

The Enforceability of Exacted Conservation Easements

Vermont Law Review, Vol. 36, 2011 pp. 261-302
Number of pages: 42 Posted: 10 Sep 2011 Last Revised: 10 Sep 2017
Jessica Owley
University of Miami - School of Law
Downloads 119 (253,744)

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conservation easements, exactions, permits, accountability, statutory interpretation

16.

From Vacant Lots to Full Pantries: Urban Agriculture Programs and the American City

University of Detroit Mercy Law Review, Forthcoming
Number of pages: 26 Posted: 06 Sep 2014 Last Revised: 31 Jul 2015
Jessica Owley and Tonya Lewis
University of Miami - School of Law and State University of New York (SUNY) at Buffalo
Downloads 116 (258,530)
Citation 1

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17.

Symbolic Politics for Disempowered Communities: State Environmental Justice Policies

Brigham Young University Journal of Public Law, 2014
Number of pages: 59 Posted: 06 Sep 2014 Last Revised: 31 Jul 2015
Tonya Lewis and Jessica Owley
State University of New York (SUNY) at Buffalo and University of Miami - School of Law
Downloads 112 (265,025)

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18.

Who Should Protect the Forest?: Conservation Easements in the Forest Legacy Program

33 Public Land and Resources Law Review 47 (2012)
Number of pages: 47 Posted: 09 Jul 2012 Last Revised: 10 Sep 2017
Jessica Owley and Stephen Tulowiecki
University of Miami - School of Law and SUNY Buffalo Law School
Downloads 111 (266,684)

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forest legacy program, conservation easements, land trusts, forest policy, land conservation

19.

Trends in Private Land Conservation: Increasing Complexity, Shifting Conservation Purposes and Allowable Private Land Uses

Land Use Policy 51, 76–84 (2016 Forthcoming)
Number of pages: 9 Posted: 22 Nov 2015 Last Revised: 08 Jul 2016
Jessica Owley and Adena R. Rissman
University of Miami - School of Law and University of Wisconsin-Madison
Downloads 108 (271,958)

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conservation easement, land trust, nonprofit organization, private-land conservation, property rights

20.

The Future of the Past: Historic Preservation Easements

35 Zoning Law & Practice Report No.10, November 2012
Number of pages: 13 Posted: 09 Dec 2012 Last Revised: 19 Dec 2012
Jessica Owley
University of Miami - School of Law
Downloads 108 (271,958)

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conservation easements, historic preservation, perpetuity

21.

Exacted Conservation Easements: The Hard Case of Endangered Species Protection

Journal of Environmental Law & Litigation, Vol. 19, No. 293, 2004
Number of pages: 64 Posted: 03 Mar 2010
Jessica Owley
University of Miami - School of Law
Downloads 104 (279,133)

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22.

Unforeseen Land Uses: The Effect of Marijuana Legalization on Land Conservation Programs

51 UC Davis Law Review 1673 (2018)
Number of pages: 44 Posted: 25 Aug 2017 Last Revised: 04 May 2018
Jessica Owley
University of Miami - School of Law
Downloads 99 (288,551)
Citation 1

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Marijuana Legalization, Land Conservation, Environmental Protection, Agriculture

23.

Exacted Conservation Easements: Emerging Concerns with Enforcement

Probate & Property, Vol. 26, No. 1, p. 51, 2012
Number of pages: 7 Posted: 11 Jan 2012 Last Revised: 11 Feb 2012
Jessica Owley
University of Miami - School of Law
Downloads 96 (294,366)

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conservation easements, exactions, land use, enforceability

24.

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

Harvard Environmental Law Review, Forthcoming
Number of pages: 46 Posted: 23 Apr 2015 Last Revised: 05 Jan 2017
Federico Cheever and Jessica Owley
University of Denver Sturm College of Law (deceased) and University of Miami - School of Law
Downloads 88 (311,023)

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25.

What Exactly are Exactions?

New York Environmental Lawyer (Spring 2013)
Number of pages: 5 Posted: 29 Jun 2013 Last Revised: 07 Nov 2013
Jessica Owley
University of Miami - School of Law
Downloads 84 (320,084)

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Koontz, Exactions, Nollan, Dolan, Takings, Town of Mendon

26.

Preservation as Mitigation Under CEQA: Ho Hum or Uh-Oh?

Environmental Law News, Vol. 14, No. 1, p. 18, 2005
Number of pages: 7 Posted: 12 Oct 2010
Jessica Owley and David C. Levy
University of Miami - School of Law and Morrison and Foerster
Downloads 82 (324,764)

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CEQA, mitigation, preservation, conservation easements, agricultural easements

27.

Environment, Energy, and Resources Law: The Year in Review 2011, Constitutional Law Report

Environment, Energy, and Resources Law: The Year in Review 2011, Constitutional Law Report
Number of pages: 13 Posted: 17 May 2012 Last Revised: 30 Sep 2015
Columbia University - Sabin Center for Climate Change Law, Golden Gate University School of Law - Environmental Law and Justice Clinic, Environmental Consultant, American University Washington College of Law, University of Idaho College of Law - Boise, University of Miami - School of Law, Loyola University Chicago School of Law and Sidley Austin LLP
Downloads 81 (327,145)

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28.

Property Constructs and Nature's Challenge to Perpetuity

Environmental Law and Contrasting Ideas of Nature: A Constructivist Approach (Keith Hirokawa ed. 2013).
Number of pages: 31 Posted: 01 Jul 2013 Last Revised: 04 Aug 2015
Jessica Owley
University of Miami - School of Law
Downloads 78 (334,447)

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property, perpetuity, conservation easements, servitudes, optimism bias, adaptive management, resilience thinking, temporal bias

29.

Chapter 4: Flexible Conservation in Uncertain Times

Contemporary Issues in Climate Change Law and Policy: Essays Inspired by the IPCC, pp. 65-102, April 2016
Number of pages: 41 Posted: 06 May 2016 Last Revised: 26 Aug 2016
Jessica Owley and David Takacs
University of Miami - School of Law and University of California Hastings College of the Law
Downloads 73 (347,406)

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30.

Exacting Conservation Easements in California

Environmental Law News, Vol. 21, No. 1, Winter 2012
Number of pages: 9 Posted: 08 Jul 2012 Last Revised: 09 Aug 2012
Jessica Owley
University of Miami - School of Law
Downloads 69 (358,273)

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conservation easements, California, voluntary, exactions, property law

31.

Public Access to Spatial Data on Private-Land Conservation

22(2) Ecology & Society 24 (2017)
Number of pages: 13 Posted: 25 May 2017 Last Revised: 16 Jul 2017
University of Wisconsin-Madison, University of Miami - School of Law, University of Wisconsin - Madison - Department of Forest and Wildlife Ecology, UC Santa Cruz and University of Idaho, Department of Natural Resources and Society
Downloads 68 (361,122)

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conservation easements, cost share, environmental governance, Geographic Information Systems, land trusts, privacy, private-land conservation, tax incentive, transparency

32.

The Increasing Privatization of Environmental Permitting

Akron Law Review, Vol. 46, p. 1091, 2013
Number of pages: 42 Posted: 14 Sep 2013 Last Revised: 23 Nov 2013
Jessica Owley
University of Miami - School of Law
Downloads 68 (361,122)

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33.

The Emergence of Exacted Conservation Easements

Nebraska Law Review, Vol. 84, No. 1043, 2006
Number of pages: 70 Posted: 03 Mar 2010
Jessica Owley
University of Miami - School of Law
Downloads 65 (369,704)
Citation 1

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34.

Mitigating the Impacts of the Renewable Energy Gold Rush

Minnesota Journal of Law, Science & Technology, Forthcoming
Number of pages: 96 Posted: 27 Aug 2013 Last Revised: 24 Aug 2017
Amy Morris and Jessica Owley
UC Santa Cruz and University of Miami - School of Law
Downloads 59 (388,156)

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Mitigation, solar power, DRECP, Endangered Species Act, renewable energy, desert tortoise, conservation easements

35.

Green Siting for Green Energy

5 J. Energy & Envtl L. 17
Number of pages: 13 Posted: 23 Jul 2013 Last Revised: 09 Jun 2014
Amy Morris, Jessica Owley and Emily Capello
UC Santa Cruz, University of Miami - School of Law and Aspen Environmental Group
Downloads 58 (391,351)

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solar power, distributed generation, California, disturbed lands

36.

From Citizen Suits to Conservation Easements: The Increasing Private Role in Public Permit Enforcement

43 Envtl L. Rep. News & Analysis 10406 (2013)
Number of pages: 6 Posted: 02 May 2013 Last Revised: 23 May 2013
Jessica Owley
University of Miami - School of Law
Downloads 58 (391,351)
Citation 1

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Conservation Easements, Land Trusts, Citizen Suits, Environmental Law, Environmental Permitting

37.

Distributed Graduate Seminars: An Interdisciplinary Approach to Studying Land Conservation

Pace Enviromental Law Review Online Companion, Vol. 2, p. 88, 2011
Number of pages: 15 Posted: 15 Jul 2011 Last Revised: 01 Jul 2013
Jessica Owley and Adena R. Rissman
University of Miami - School of Law and University of Wisconsin-Madison
Downloads 52 (411,647)

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38.

Understanding the Complicated Landscape of Civil War Monuments

93 Indiana Law Journal Supp. 15 (2018)
Number of pages: 19 Posted: 10 Jun 2018
Jessica Owley and Jess R. Phelps
University of Miami - School of Law and The Lyme Timber Company LP
Downloads 51 (415,130)

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civil war monuments, monuments, land use, historic preservation, easements

39.

Preservation Is a Flawed Mitigation Strategy

42 Ecology Law Currents 2015
Number of pages: 14 Posted: 12 Nov 2014 Last Revised: 31 Jul 2015
Jessica Owley
University of Miami - School of Law
Downloads 50 (418,704)

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mitigation, conservation easements, mitigation banks, preservation, wetlands, section 404, Clean Water Act

40.

Preface to: in Rethinking Sustainability to Meet the Climate Change Challenge

Rethinking Sustainability to Meet the Climate Change Challenge, 2015
Number of pages: 6 Posted: 21 Jun 2015 Last Revised: 01 Dec 2015
Jessica Owley and Keith H. Hirokawa
University of Miami - School of Law and Albany Law School
Downloads 47 (429,798)

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41.

Sustainability Thinking for the Climate Change Generation

RETHINKING SUSTAINABILITY TO MEET THE CLIMATE CHANGE CHALLENGE (Jessica Owley & Keith Hirokawa 2015)
Number of pages: 14 Posted: 06 Aug 2014 Last Revised: 04 Aug 2015
Jessica Owley
University of Miami - School of Law
Downloads 42 (449,463)

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sustainabilty, climate change, resilience, sustainable development

42.

Tribal Sovereignty Over Water Quality

Journal of Land Use & Environmental Law, Vol. 20, p. 61, 2004
Number of pages: 56 Posted: 02 Mar 2010
Jessica Owley
University of Miami - School of Law
Downloads 42 (449,463)

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43.

The New Agriculture: From Food Farms to Solar Farms

Columbia Journal of Environmental Law Vol. 44, No. 2 (2019)
Number of pages: 69 Posted: 14 Jun 2019 Last Revised: 28 Oct 2019
Jessica Owley and Amy Morris
University of Miami - School of Law and UC Santa Cruz
Downloads 37 (470,696)

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Solar, Agriculture, Photovoltaic, Williamson Act, CEQA, Soils

44.

Exploiting Conservation Lands: Can Hydrofracking Be Consistent with Conservation Easements?

66 Kansas Law Review 93 (2017)
Number of pages: 55 Posted: 17 Aug 2017 Last Revised: 07 Dec 2017
Jessica Owley and Collin Doane
University of Miami - School of Law and University at Buffalo Law School, Students
Downloads 36 (475,171)

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Conservation Easements, Hydraulic Fracturing, Land Conservation

45.

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

Environmental Law Reporter, Vol. 47, No. 8, 2017
Number of pages: 7 Posted: 19 Sep 2017 Last Revised: 25 Jul 2018
Federico Cheever and Jessica Owley
University of Denver Sturm College of Law (deceased) and University of Miami - School of Law
Downloads 33 (489,137)

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46.

What Can the Apple Teach the Orange? Lessons U.S. Land Trusts Can Learn From the National Trust in the U.K.

Duke Environmental Law & Policy Forum, Vol. 30, No. 89, 2019
Number of pages: 54 Posted: 24 Feb 2020
Lauren Gwin, Jessica Owley and Sally K. Fairfax
Oregon State University, University of Miami - School of Law and University of California, Berkeley
Downloads 31 (498,880)

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47.

The Use of Property Law Tools for Soil Protection

International Yearbook of Soil Law and Policy, 2017
Number of pages: 19 Posted: 17 Aug 2017 Last Revised: 06 Feb 2018
Jessica Owley
University of Miami - School of Law
Downloads 30 (504,060)

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Soil, Land Conservation, Property Law, Conservation Easements

48.

Piney Run: The Permits are Not What They Seem

Ecology Law Quarterly, Vol. 30, p. 429, 2003
Number of pages: 20 Posted: 02 Mar 2010
Jessica Owley
University of Miami - School of Law
Downloads 22 (550,177)

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49.

Taking the Public Out of Public Lands: Shifts in Coal-Extraction Policies in the Trump Administration

13 FIU L. Rev. 35 (2018)
Number of pages: 30 Posted: 07 Sep 2018 Last Revised: 27 Nov 2018
Jessica Owley
University of Miami - School of Law
Downloads 20 (562,589)

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Coal, Trump, Natural Resources, Federal Land

50.

Successful Land Conservation: Neither Zero-Sum nor Win-Win

Beyond Zero-Sum Environmentalism (eds. Sarah Krakoff, Melissa Powers, & Jonathan Rosenbloom 2019)
Number of pages: 20 Posted: 24 Mar 2020
Jessica Owley
University of Miami - School of Law
Downloads 10 (628,556)

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51.

Foreword

Ecology Law Quarterly, Vol. 30, p. 395, 2003
Number of pages: 14 Posted: 02 Mar 2010
Emma Garrison and Jessica Owley
affiliation not provided to SSRN and University of Miami - School of Law
Downloads 6 (656,598)

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52.

Etched in Stone: Historic Preservation Law and Confederate Monuments

Florida Law Review, Forthcoming
Number of pages: 62 Posted: 05 Feb 2020
Jess R. Phelps and Jessica Owley
The Lyme Timber Company LP and University of Miami - School of Law
Downloads 3 (679,114)

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Confederate Monuments, Historic Preservation, NEPA, Conservation Easements, Property Law

53.

Tribes as Conservation Easement Holders: Is a Partial Property Interest Better than None?

TRIBES, LAND, AND THE ENVIRONMENT (Ezra Rosser & Sarah Krakoff, eds., 2012)
Number of pages: 19 Posted: 24 Jun 2011 Last Revised: 15 Jun 2020
Jessica Owley
University of Miami - School of Law
Downloads 0 (719,358)

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conservation easements, sovereignty, tribes, Indians, Klamath, Locke, statutory interpretation

Other Papers (1)

Total Downloads: 534
1.

Environmental Law Conferences, Symposia, and Events

Number of pages: 16 Posted: 16 May 2014 Last Revised: 18 Oct 2018
Jessica Owley
University of Miami - School of Law
Downloads 534

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