Article: Incorporating Social Justice and Environmental Sustainability Into Estate Planning Through Conservation Easements

Trace Brooks (Atlanta, Georgia) recently published, Incorporating Social Justice and Environmental Sustainability Into Estate Planning Through Conservation Easements, ACTEC Law Journal, VOLUME 49, Number 1, Fall 2023 (pub 1/24). Provided below is an Abstract:

As climate change and social inequalities become increasingly pressing issues, estate planning has emerged as a powerful tool for promoting both social justice and environmental sustainability. This article explores the intersection of estate planning, private land conservation, social justice, and environmental sustainability. Conservation easements, traditionally prized for the tax advantages, offer a valuable strategy for ensuring that land remains protected and available for future generations while advancing social justice goals and increasing environmental sustainability. After examining the legal and policy considerations that must be taken into account when creating a conservation easement in an estate plan, this article offers practical guidance on how to incorporate social justice and environmental sustainability objectives into estate planning. The article then reviews a case study that exemplifies the interaction between conservation easements, estate planning, social justice, and environmental sustainability. Ultimately, this article advocates for greater recognition of the potential of conservation easements in estate planning to advance both environmental sustainability and social justice, calls for greater coordination between donors, donees, and policymakers, and offers suggestions for how estate planners and policymakers can work together to maximize their impact.