Wayburn talks about conservation easements as tools to achieve regulatory environmental goals. The traditional approach to protecting public-trust resources, such as wildlife found on private lands, is predominantly regulatory and proscriptive. Environmental regulation -- such as the Endangered Species Act, Clean Water Act, or Clean Air Act -- has focused on restricting or prohibiting resource management by landowners.
Laurie A. Wayburn,
Conservation Easements as Tools to Achieve Regulatory Environmental Goals,
74 Law and Contemporary Problems
Available at: http://scholarship.law.duke.edu/lcp/vol74/iss4/8