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Market Based Approaches to Environmental Preservation: To Environmental Mitigation Fees and Beyond

Posted: 11 Oct 2004  

James C. Nicholas

University of Florida - Levin College of Law

Julian Conrad Juergensmeyer

Georgia State University College of Law

Abstract

Impact fees are widely accepted and utilized across the United States as a technique to generate revenue for capital infrastructure improvements necessitated by new development. This article looks at the origination of impact fees, their legal framework, the extension of the concept towards environmental protection, and an alternative economic approach in environmental protection, market based regulation. Based upon techniques utilized primarily in the arenas of wetlands and air quality regulation, a concept of utilizing economic incentives for broader environmental protection is explored. Considerations of the legal framework evolved through impacts fees are then applied to possible implementation aspects of the concept.

Suggested Citation

Nicholas, James C. and Juergensmeyer, Julian Conrad, Market Based Approaches to Environmental Preservation: To Environmental Mitigation Fees and Beyond. Natural Resources Journal, Vol. 43, No. 3, Summer 2003. Available at SSRN: https://ssrn.com/abstract=600668

James C. Nicholas (Contact Author)

University of Florida - Levin College of Law ( email )

P.O. Box 117625
Gainesville, FL 32611-7625
United States
352.392.0997 ext. 492 (Phone)
352.392.3308 (Fax)

Julian Conrad Juergensmeyer

Georgia State University College of Law ( email )

P.O. Box 4037
Atlanta, GA 30302-4037
United States

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