BiblioVault - Books by McCay, Bonnie

Oyster Wars and the Public Trust

Property, Law, and Ecology in New Jersey History

Bonnie J. McCay

University of Arizona Press, 1998

Who owns tidal waters? Are oyster beds common holdings or private property? Questions first raised in colonial New Jersey helped shape American law by giving rise to the public trust doctrine. Today that concept plays a critical role in public advocacy and environmental law.

Bonnie McCay now puts that doctrine in perspective by tracing the history of attempts to defend common resources against privatization. She tells of conflicts in New Jersey communities over the last two centuries: how fishermen dependent on common-use rights employed poaching, piracy, and test cases to protect their stake in tidal resources, and how oyster planters whose businesses depended on the enclosure of marine commons engineered test cases of their own to seek protection for their claims.

McCay presents some of the most significant cases relating to fishing and waterfront development, describing how the oyster wars were fought on the waters and in the court rooms—and how the public trust doctrine was sometimes reinterpreted to support private interests. She explores the events and people behind the proceedings and addresses the legal, social, and ecological issues these cases represent.

Oyster Wars and the Public Trust is an important study of contested property rights from an anthropological perspective that also addresses significant issues in political ecology, institutional economics, environmental history, and the evolution of law. It contributes to our understanding of how competing claims to resources have evolved in the United States and shows that making nature a commodity remains a moral problem even in a market-driven economy.

[more]

The Question of the Commons

The Culture and Ecology of Communal Resources

Edited by Bonnie J. McCay and James M. Acheson

University of Arizona Press, 1987

This collection of eighteen original essays evaluates the use and misuse of common-property resources, taking as its starting point ecologist Garret Hardin's assertion in "The Tragedy of the Commons" that common property is doomed to overexploitation in any society. This book represents the first cross-cultural test of Hardin's argument and argues that, while tragedies of the commons do occur under some circumstances, local institutions have proven resilient and responsive to the problems of communal resource use.

[more]

Rights to Nature

Ecological, Economic, Cultural, and Political Principles of Institutions for the Environment

Edited by Susan S. Hanna, Carl Folke, and Karl-Goran Maler; Foreword by Kenneth Arrow

Island Press, 1996

Property rights are a tool humans use in regulating their use of natural resources. Understanding how rights to resources are assigned and how they are controlled is critical to designing and implementing effective strategies for environmental management and conservation.

Rights to Nature is a nontechnical, interdisciplinary introduction to the systems of rights, rules, and responsibilities that guide and control human use of the environment. Following a brief overview of the relationship between property rights and the natural environment, chapters consider:

ecological systems and how they function
the effects of culture, values, and social organization on the use of natural resources
the design and development of property rights regimes and the costs of their operation
cultural factors that affect the design and implementation of property rights systems
coordination across geographic and jurisdictional boundaries

The book provides a valuable synthesis of information on how property rights develop, why they develop in certain ways, and the ways in which they function. Representing a unique integration of natural and social science, it addresses the full range of ecological, economic, cultural, and political factors that affect natural resource management and use, and provides valuable insight into the role of property rights regimes in establishing societies that are equitable, efficient, and sustainable.

[more]

Taking Chances

The Coast after Hurricane Sandy

O'Neill, Karen M.

Rutgers University Press, 2016

Humanity is deeply committed to living along the world’s shores, but a catastrophic storm like Sandy—which took hundreds of lives and caused many billions of dollars in damages—shines a bright light at how costly and vulnerable life on a shoreline can be. Taking Chances offers a wide-ranging exploration of the diverse challenges of Sandy and asks if this massive event will really change how coastal living and development is managed.

Bringing together leading researchers—including biologists, urban planners, utilities experts, and climatologists, among others—Taking Chances illuminates reactions to the dangers revealed by Sandy. Focusing on New Jersey, New York, and other hard-hit areas, the contributors explore whether Hurricane Sandy has indeed transformed our perceptions of coastal hazards, if we have made radically new plans in response to Sandy, and what we think should be done over the long run to improve coastal resilience. Surprisingly, one essay notes that while a large majority of New Jerseyans identified Sandy with climate change and favored carefully assessing the likelihood of damage from future storms before rebuilding the Shore, their political leaders quickly poured millions into reconstruction. Indeed, much here is disquieting. One contributor points out that investors scared off from further investments on the shore are quickly replaced by new investors, sustaining or increasing the overall human exposure to risk. Likewise, a study of the Gowanus Canal area of Brooklyn shows that, even after Sandy swamped the area with toxic flood waters, plans to convert abandoned industrial lots around the canal into high-density condominiums went on undeterred. By contrast, utilities, emergency officials, and others who routinely make long-term plans have changed operations in response to the storm, and provide examples of adaptation in the face of climate change.

Will Sandy be a tipping point in coastal policy debates—or simply dismissed as a once-in-a-century anomaly? This thought-provoking collection of essays in Taking Chances makes an important contribution to this debate.

[more]