This paper, published in Journal des Economistes et des Etudes Humaines, was prepared for Property Rights and Environment, an international conference organised by Centre d’Analyse Economique in June 1996. In it, Elizabeth Brubaker reviews the ways in which Canadians have used common-law property rights to protect water quality and chronicles governments’ tendencies to replace the common law with regulations that make it more difficult for individuals to protect waters.
Tag Archives: property rights
Beyond Quotas: Private Property Solutions to Overfishing and Habitat Degradation
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Presentation to Managing a Wasting Resource: Would Quotas Solve the Problems Facing the West Coast Salmon Fishery?, a conference held in Vancouver, BC, in May 1996.
Beyond Quotas: Private Property Solutions to Overfishing
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A chapter from Fish or Cut Bait! The Case for Individual Transferable Quotas in the Salmon Fishery of British Columbia, a collection of essays edited by Laura Jones and Michael Walker discussing tradeable fishing rights and their role in solving the West Coast salmon crisis. This chapter, by Elizabeth Brubaker, documents a century of mismanagement of the Pacific salmon fishery and analyses governments’ incentives to encourage the overfishing and pollution that threaten stocks. It examines alternative regimes that give fisheries owners both the reasons and the authority to conserve stocks and to protect the habitat on which they depend, and suggests that quotas are only the first step in the evolution of stronger property rights to protect and conserve fisheries.
The Ecological Implications of Establishing Property Rights in Atlantic Fisheries
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A chapter from Taking Ownership: Property Rights and Fishery Management on the Atlantic Coast, a collection of essays edited by Brian Lee Crowley explaining the theory behind rights-based fishing and reviewing practical experience with tradeable quota systems and community ownership in various jurisdictions. In this chapter, Elizabeth Brubaker examines the ways in which property rights provide individual and community fisheries owners with both the legal tools to fight pollution and the economic incentives to reduce fishing pressures, implement conservation measures, and enhance stocks and their habitats.
Property Rights in The Defence of Nature: Review
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In this book, Elizabeth Brubaker, Executive Director of Environment Probe, examines the tools provided in common law property rights which make them powerful instruments for protecting the environment.
Property Rights in the Defence of Nature: Book Review, Saskatchewan Law Review
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This book focuses on the power inherent in common law trespass, nuisance and riparian property rights as a means of enabling individuals to protect the environment. Brubaker indicates that the use of these rights as a means of environmental conservation has fallen into disuse as environmentalists concentrate more of their efforts on lobbying governments for increased regulations.
Making the Oceans Safe for Fish
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What do the Derwent anglers club in England, some New Brunswick riparians, a number of Quebec fishing clubs and many New Zealand fishermen have in common? They all have established property rights to the fish they catch.
Property Rights in the Defence of Nature: CELA Review
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In his forward to Elizabeth Brubaker’s book, Property Rights in Defence of Nature, Anthony Scott writes that her arguments are "clear, vigorous (and) convincing." I’ll grant that the arguments are vigorous. But Brubaker’s brief treatise on the universal virtue of property rights as a bulwark against environmental destruction is not convincing.
Without Obstruction, Diversion or Corruption: The Power of Property Rights to Preserve Our Lakes and Rivers
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A presentation to the Fraser Institute Student Seminar on Public Policy Issues, in Toronto, Ontario, on November 4, 1995.
Governments are ill-suited to protect our resources
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I should feel honoured that my article on the environmental benefits of private and communal resource ownership inspired not just one but four columns from a prominent environmentalist. Unfortunately, Janice Harvey’s retorts, riddled with fallacies, do no honour to the environmental cause.
Property Rights in the Defence of Nature: Review
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Libertarians have railed against entrusting government with the responsibility for environmental protection for years. As the failures of political environmental management have become clear, environmentalists have begun moving toward this view, however reluctantly. As this has happened in the United States, so too it has occurred abroad.
Environmentalists and the green future
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This book argues, quite forcefully, that owning nature is the best hope for true environmental protection. Ownership doesn’t only facilitate stewardship, Ms. Brubaker argues, it encourages it.
Trees in the city
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Toronto City Council could not have thought up a surer way to destroy the urban forest than to pass a bylaw forbidding property owners to sell trees without the city’s permission.
Property Rights in the Defence of Nature
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By Elizabeth Brubaker
This book draws on cases from England, Canada, and the United States, showing how the common law of property has for centuries been a force for environmental protection, while contemporary statutes have allowed polluters to foul private lands and public resources alike. It argues that individuals and communities should be entrusted with the task of preserving the environment and that, with stronger property rights, they would regain the power to prevent much harmful activity.
Published by Earthscan Publications Limited and Earthscan Canada, 1995
Property rights in the defence of nature
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Over a century ago, in 1885, Antoine Ratté filed a lawsuit against several of Canada’s most notorious polluters. That suit and the government’s reaction to it established a shameful pattern that governs pollution across Canada to this day.
Privatizing natural resources
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Can you imagine a greater example of incompetence than the federal government’s stewardship of the east coast fishery, where the cod stocks have been recklessly depleted and entire communities are now on welfare, losing both their economic independence and their dignity? When the welfare runs out in several years, many of the communities will become ghost towns, emptied like the fisheries nearby.
Reforming environmental assessments
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Environmental assessments and the public hearings that should scrutinize them were intended to empower the public to bring forward its concerns over projects that threatened their communities. Regrettably, environmental assessments—which are generally produced by promoters to justify their projects—often became cosy arrangements in which industry and government negotiated deals behind the public’s back, and circumvented public hearings. The result of those closed door arrangements were fiascos such as the Darlington nuclear power plant, which was never needed and which now threatens Ontario Hydro with bankruptcy, and the subsidized clear-cutting of old growth forests, which simultaneously ravaged our heritage and our economy.
Economy versus environment: What gap?
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In arguing that there is no inherent gap between the economy and the environment, Terence Corcoran cites Environment Probe’s work on property rights. Continue reading
How they killed our rights to clean water
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SUMMERTIME, and the beach is polluted. Fish aren’t jumpin’, and no one can swim. If your daddy’s rich, maybe you’ve got a pool. If not, for most people along the shore of Lake Ontario around Toronto, and along the shores of many other lakes and rivers across Canada, the story is "No Swimming," thanks to decades of using the waters as a sewer for industrial and human waste.
Property rights: the key to environmental protection
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In 1949, the Supreme Court of Canada ordered a pulp and paper company in Espanola, Ontario, to stop polluting downstream waters, ruling that the property rights of the affected fishermen, farmers, and tourist operators must be respected. The Ontario government immediately passed new legislation allowing the pulp mill to continue releasing chemicals. For good measure, the government—anticipating that the court might rule against the company—had several months earlier also changed the Lakes and Rivers Improvement Act to encourage courts to allow pulp mill pollution.
Environment Probe 