This article examines the use of conservation easements in the Habitat Conservation Planning process, which is part of the Endangered Species Act’s section 10 permitting program. This article addresses the enforcement difficulties that might arise with HCP-exacted conservation easements. To ensure the reliability of this land preservation tool, I recommend including provisions for continued federal enforcement in conservation easement agreements and enabling public enforcement of the agreements.
Journal of Environmental Law and Litigation
Exacted Conservation Easements: The Hard Case of Endangered Species Protection,
J. Envtl. L. & Litig.
Available at: https://digitalcommons.law.buffalo.edu/articles/163