In this article in the C2C Journal, Elizabeth Brubaker reviews recent court cases against polluters, large and small, demonstrating that common-law property rights remain powerful tools for environmental protection. But courts are hamstrung when governments authorize pollution. Only when governments don’t stand in the way can people use their property rights to shield themselves from harm. Continue reading
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.