Towards A Better Environmental Legacy

Wednesday, March 12, 2008

Conservation Easements Under Attack

Perhaps the most valuable tool we have for land conservation is under attack per a case in Wyoming:

http://www.npr.org/templates/story/story.php?storyId=88038482

Conservation easements, which are supposed to protect land from development in perpetuity (forever) are used to legally protect millions of acres in the U.S. from certain kinds of development. Due to the loophole that oil, gas, and mineral rights are not protected, apparently destruction necessary to obtain these is legal if they are discovered on land with an easement. Once this destruction has occurred, the ruling in the Wyoming case allowed the land holder to undo the conservation easement and sell the land for development. Potential implications for millions of acres in the U.S. thought protected for future generations is great. This is a legal battle that must be in the forefront for every environmentalist. The loopholes must be closed on conservation easement laws or so much that is irreplaceable will be lost for future generations.

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