Home
/
RELIGION & LIBERTY ONLINE
/
An approach to land conservation conservatives should get behind
An approach to land conservation conservatives should get behind
Dec 14, 2025 9:49 PM

In restricting land purchases by environmentalists, conservatives undermine the power of property rights as a path to conservation. It shouldn’t be that way.

Read More…

Some sects of environmentalists are well known for disrupting and interrupting land transactions for the cause of conservation, using whatever legal and regulatory means necessary to control, coerce, or prevent concerted human development.

It’s bative legacy that has left many of their critics wondering: If land conservation is of such utmost importance, why not just pay for ownership of such lands, protect and conserve them as one sees fit, and be done with political and legal antics?

Alas, it’s a strategy that has routinely been tried, but continues to be met by undue resistance from government regulators and lawmakers.

Consider the story of American Prairie, a Montana-based non-profit whose main goal is “to purchase and permanently hold title to private lands that glue together a vast mosaic of existing public lands,” all for purposes of “wildlife conservation and public access.” According to Outdoor Life, American Prairie has thus far “accumulated nearly 100,000 acres of private land, and another 310,000 acres of associated federal and state land in northeast Montana,” with the specific goal of better managing the region’s native bison population.

For defenders of secure property rights as the most just and effective path to conservation, it’s a wholly legitimate mission, if not a noble pursuit. Yet the state’s Republican legislators recently tried to pass a bill that would prohibit American Prairie and other organizations from such transactions, claiming that such sales provide unfair tax advantages to nonprofit organizations. In an op-ed, bill sponsor and Republican state Rep. Dan Bartel openly boasted that he wished he could “legislate them out of existence.” Given that this is “not how the law works,” Bartel lamented that he would have to settle with limiting property rights instead.

While the bill in Montana now looks to be a failed effort, it is not an isolated case. As Shawn Regan details in an extensive essay for the Property and Environment Research Center, the stories are many. Whether one looks to the range of activist gimmicks or more serious, good-faith efforts to acquire public lands or buy out hunting permits, environmentalists have routinely tried to use private ownership to achieve their goals.

The laws vary, but as Regan explains, much of the government resistance tends to surround public lands, relying on narrow definitions of “productive use”:

“The extent of these voluntary market-based exchanges is often limited to private lands. On federal and state property—which makes up most of the land in the American West—such deals are much plicated, if not outright prohibited.

“Environmentalists are often not allowed to acquire public land leases to conserve the land—at least not without considerable difficulty. And it’s not due to a lack of financial resources. As [environmental activist] Tempest Williams found out the hard way, federal and state laws typically prevent leaseholders from acquiring such rights for nonconsumptive purposes …

“The laws and institutions governing the use of most federal- and state-managed land emerged in the 19th and early 20th centuries for a narrow purpose: to promote the productive use of the nation’s resources. Property rights were established and maintained by actively using the resources. Concepts such as ‘beneficial use,’ ‘use it or lose it,’ and ‘the rule of capture’ undergird the legal history of U.S. land policy and still serve as the basis for many of the rules that determine the use of natural resources.”

One can disagree with environmentalists over what is “most productive” for the land in question. But by seizing or regulating away the freedom to buy and manage such property freely, we eliminate our best mechanism for facilitating such disagreements.

“The lesson is not that energy development, logging, or livestock grazing is bad, or that every effort to stop such activities should prevail,” Regan writes. “Rather, it’s that environmental values are real and legitimate, and they are best expressed in ways that acknowledge existing property rights, seek an honest bargain, and reflect the opportunity costs of the other forgone values associated with the land.”

When we remove rightful paths of recourse – ceding property planning activities to the state – we ought not be surprised when environmentalism takes an overtly political turn. Indeed, the more we cling to public criteria and our own narrow notions of “productivity,” the more we invite others to do the same — using the same coercive means to defend their own preferred ends. As Regan explains, “People who want to conserve lands often have no other option but to lobby for restrictive designations, regulate existing land practices, or file legal challenges to stop extractive activities on public lands they care about.”

Further, by deferring to politics when it benefits certain special interests, we only invite greater cynicism about the true ability of markets and economic freedom to provide as better a path to conservation. “It’s clear that many people value conservation and are willing to spend their own money to get it,” Regan concludes. “The only question is whether those resources will be channeled through zero-sum political means or through positive-sum market mechanisms.”

For proponents of economic freedom who also believe in the good of environmental conservation, such struggles will continue to require consistency, even when it may feel fortable or uncertain. In the end, our environmental advocacy will inevitably answer one central question: Do we believe in the power of property rights or not?

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Misreading capitalism
‘A statue of Adam Smith on Edinburgh’s Royal Mile’ by Zenit CC BY-SA 3.0 At this year’s LibertyCon Byran Caplan, Economist at George Mason University, and Elizabeth Bruenig, columnist for the Washington Post, debated the perennial question of ‘Socialism vs. Capitalism.’ Both Caplan and Bruenig have posted their opening statements and it is an interesting and engaging exchange. Caplan is charitable, well-reasoned, and clear and Bruenig is both gracious and an engaging storyteller. Bruenig’s story while superficially plausible makes many...
The logic of the soul: 6 quotes from Whittaker Chambers’ ‘Letter to My Children’
In a recent Acton lecture, Greg Forster highlights the work of Whittaker Chambers, the former Soviet spy who converted to Christianity and became one of the most influential public voices in the fight against Communism. Chambers’ most famous and enduring work, Witness, is an astounding personal memoir and a literary treasure. It transcends genres, mixing the thrills of espionage and political intrigue with quiet spiritual reflections and jaw-dropping forays into moral philosophy, all in the service of a simple but...
FAQ: Trump’s steel and aluminum tariffs
President Donald Trump is scheduled to announce new steel and aluminum tariffs from the White House at 3:30 p.m. local time. What is President Trump going to announce? Trade officials have said the president will impose across-the-board tariffs of 25 percent on imported steel and 10 percent on aluminum, which will go into effect between 15 and 30 days from now. He would temporarily exempt Canada and Mexico, according to Trump adviser Peter Navarro, although President Trump has tied this...
Give socialism a try? Let’s not.
“Yeah, well, you know, that’s just, like, your opinion, man” – Jeffrey “The Dude” Lebowski played by Jeff Bridges. ‘Jeff Bridges speaking at the 2017 San Diego Comic-Con International in San Diego, California’ by Gage Skidmore CC BY-SA 3.0 Elizabeth Bruenig, columnist for the Washington Post, yesterday published an opinion piece entitled, ‘It’s time to give socialism a try’. The title is a bit misleading as the piece makes no positive case for socialism but rather chronicles her own and...
Samuel Gregg on contradictions in the papacy
Journalist and Harvard alumnus Philip F. Lawler is no stranger to spotting inconsistencies in the Catholic Church. After the Catholic Church’s sex-abuse crisis unveiled in 2002, Lawler released his highly researched book, The Faithful Departed, tracing the Church’s history of corruption while maintaining an “attention to facts” and a “calm tone.” Lawler’s latest book addressing the Catholic Church tackles problems starting in the papacy. In an article written for The Catholic World Report, Samuel Gregg, Acton’s Director of Research, unpacks...
Employers should fulfill their obligations to tipped employees
A tipped employee engages in an occupation in which they customarily and regularly receives more than $30 per month in tips, according to the Department of Labor. An employer of a tipped employee is only required to pay $2.13 per hour in direct wages if that bined with the tips received at least equals the federal minimum wage. If the employee’s bined with the employer’s direct wages of at least $2.13 per hour do not equal the federal minimum hourly...
Crushing religious schools with state funding
The UK government has crafted an educational mandate for religious schools that Sohrab Ahmari at Commentary calls “Orwellian.” Under the proposal, all schools would be required to teach children from age 4 and up “age-appropriate” content that includes information about same-sex marriage and transgenderism. Catholics, evangelicals, Orthodox Jews, Muslims, and others with traditional views on sex and gender would have ply. No exceptions. He notes that a senior government adviser stated it is “not OK for Catholic [or other religious]...
Radio Free Acton: Philip Booth on what’s missing from Laudato Si’; Upstream with jazz legend Norma Winstone
On this episode of Radio Free Acton, Rev. Ben Johnson, Senior Editor at Acton, speaks with Philip Booth, Professor at St. Mary’s University in the UK about what’s missing from the 2015 Papal Encyclical: Laudato Si’. Then, on the Upstream segment, Bruce Edward Walker talks to British jazz legend Norma Winstone about her contribution to Jazz and her newly released album: ‘Descansado – Songs For Films.’ Check out these additional resources on this week’s podcast topics: Read “Property rights and...
After apartheid, South Africa veers toward vengeance
“South Africa’s institutionalized national sin of radical and often violent racial segregation, officially known as Apartheid, ended in the early 1990s. Changes in law, however, do not necessarily mean that there is immediate social transformation,” says Trey Dimsdale in this week’s Acton Commentary. “The deep civic wounds that this dark period inflicted on the nation still fester, as evidenced in a March 1 vote by the National Assembly to confiscate white-owned land pensation.” A national policy as thorough and systematic...
What is Gross Domestic Product (GDP)?
Note: This is post #70 in a weekly video series on basic economics. GDP is the market value of all finished goods and services, produced within a country in a year. But what does “market value” mean? And what defines a “finished good”? In this video, Marginal Revolution University helps us make sense of this important economic indicator by explaining how GDP puted. You’ll learn whythe eggs in your homemade omelet part of the GDP, but the eggs your baker...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved