Evaluating New York’s Conservation Easement Laws as a Potential Climate Change Solution

Abstract

Conservation easements can meaningfully contribute to climate change mitigation and adaptation, but to maximize their potential as a climate solution, parties must identify and overcome barriers to their effective use. These barriers include possible termination due to climate change impacts, as well as inconsistency between the restrictive nature of conservation easements and terms that include affirmative requirements to combat climate change. Currently, in New York, parties can avoid these conflicts through climate smart drafting. Additional measures that would enhance conservation easements’ use for mitigation and adaptation include: (1) Securing funding under New York’s Climate Leadership and Community Protection Act for trainings on climate smart drafting, and (2) amending New York’s conservation easement law to explicitly address climate change.