Representing Nonconcurrent Generations: The Problem of Now

James L. Olmsted, Conservation & Preservation Counsel

Abstract

This article is one of two articles published by the Journal of Environmental Law and Litigation (JELL) in a point-counterpoint format. These two articles, one by James L. Olmsted and the other by Professor of Law Julia D. Mahoney, represent the inaugural articles is what is to become a regular feature in JELL. In this point-counterpoint, the issue is whether conservation easements should be made perpetual. In this article, Olmsted argues that such easements should be perpetual while Professor Mahoney takes the opposing position.