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James Olmsted

Eugene Oregon Retired Environmental Attorney

High mountains

Professional Journey

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About James Olmsted

James Olmsted is a retired attorney based in Eugene, Oregon, widely recognized for his extensive experience in conservation easement law, land use, zoning, and complex real estate transactions. From 2006 through 2012, he represented land trusts, private landowners, and developers in high-level conservation and development matters as the founder and supervising attorney of OlmstedLAW (formerly Conservation & Preservation Counsel, LLC).

 

In addition to his distinguished legal career, in 2021 James Olmsted became the co-founder and president of Democracy4All (D4A), a nonprofit organization dedicated to protecting democratic institutions, defending social safety nets, combating climate change, and conserving natural lands. Through D4A, he engages in public policy education, produces informational media, and contributes to ongoing civic dialogue on issues affecting American democracy.

 

James Olmsted earned his Juris Doctor (J.D.) from the University of California, Davis School of Law in 1987. During law school, he externed for Judge Edward C. Reed, Jr. of the United States District Court for the District of Nevada and later served as judicial clerk to Justice Charles E. Springer of the Nevada Supreme Court (1987–1989). He subsequently served as Staff Attorney to the Supreme Court of Nevada (1999–2000) and practiced law in Washington, California, Nevada, and Oregon.

 

Throughout his career, James Olmsted was admitted to practice before the state courts of California, Nevada, Oregon, and Washington, as well as the United States District Courts for Nevada and Oregon and the United States Court of Appeals for the Ninth Circuit. He voluntarily resigned from the California and Washington state bars and remains an inactive member in good standing with the Nevada and Oregon State Bar associations.

 

James Olmsted is a published author whose scholarship has appeared in leading journals including the Duke Journal of Law & Contemporary Problems (2011), the Boston College Environmental Affairs Law Review (2011), Environmental Law Reporter (2009), Tulane Environmental Law Journal (2008), St. John’s Journal of Legal Commentary (2008), the Journal of Environmental Law & Litigation (2004, 2008), and the Journal of Land, Resources & Environmental Law (2009). His work addresses conservation easement doctrine, climate change adaptation, perpetuity, biodiversity protection, and evolving land preservation strategies.

 

His deep understanding of conservation law made him a sought-after speaker, delivering presentations at national conferences including the Land Trust Alliance National Rally and environmental law conferences across the nation.

 

James Olmsted is retired from the active practice of law.

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The Olmsted Family Legacy

 

James Olmsted is a direct descendant of James Olmsted, who emigrated from England in 1632 aboard The Lyon and became one of the founders of Hartford, Connecticut. For nearly four centuries, the Olmsted family has been part of American civic, legal, and cultural life, including figures such as Revolutionary War litigant Gideon Olmsted and landscape architect Frederick Law Olmsted, designer of New York’s Central Park and many of the nation’s most enduring public landscapes.

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The history of the Olmsted family is chronicled in The Olmsted Family in America (1632–1912) and related archival sources. That long tradition of public service and land stewardship forms a historical backdrop to James Olmsted’s own work in conservation law, environmental advocacy, and, today, protecting democracy and democratic institutions.

Publications

Scholarly Works

James Olmsted has authored numerous publications delving into environmental law, conservation strategies, and biodiversity protection. His works have contributed to the legal and academic spheres, showcasing his understanding and commitment to environmental causes.

 

​Representing Nonconcurrent Generations: The Problem of Now

Journal of Environmental Law & Litigation, Vol. 23, No. 2, p. 451, 2008

Number of pages: 37 • Posted: 24 May 2010

James L. Olmsted

OlmstedLAW

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Capturing the Value of Appreciated Development Rights on Conservation Easement Termination

Environs Environmental Law and Policy Journal, Vol. 30, No. 1, p. 39, 2006

Number of pages: 26 • Posted: 24 May 2010

James L. Olmsted

OlmstedLAW

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Foreword to Conservation Easements: New Perspectives in an Evolving World

Duke Journal of Law & Contemporary Problems, Vol. 74, No. 4, 2011

Number of pages: 8 • Posted: 27 May 2010

James L. Olmsted

OlmstedLAW

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Climate Surfing: A Conceptual Guide to Drafting Conservation Easements in the Age of Global Warming

St. John's Journal of Legal Commentary, Vol. 23, No. 3, p. 765, 2008

Number of pages: 78 • Posted: 25 May 2010

James L. Olmsted

OlmstedLAW

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The Invisible Forest: Conservation Easement Databases and the End of the Clandestine Conservation of Natural Lands

Duke Journal of Law & Contemporary Problems, Vol. 74, No. 4, p. 51, 2011

Number of pages: 32 • Posted: 10 Oct 2010

James L. Olmsted

OlmstedLAW

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Paradoxical Conservation and the Tragedy of Multiple Commons

Tulane Environmental Law Journal, Vol. 22, No. 103, 2008

Number of pages: 19 • Posted: 24 May 2010

James L. Olmsted

OlmstedLAW

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Perpetuity, Latent Ancillary Rights, and Carbon Offsets in Global Warming Era Conservation Easements

Environmental Law Reporter, Vol. 39, No. 10842, 2009

Number of pages: 9 • Posted: 25 May 2010

James L. Olmsted

OlmstedLAW

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The Butterfly Effect: Conservation Easements, Climate Change, and Invasive Species

Boston College Environmental Affairs Law Review, Vol. 38, No. 1, p. 41, 2011

Number of pages: 36 • Posted: 27 May 2010

James L. Olmsted

OlmstedLAW

 

Carbon Dieting: Latent Ancillary Rights to Carbon Offsets in Conservation Easements

Journal of Land, Resources & Environmental Law, Vol. 29, No. 1, p. 121, 2009

Number of pages: 21 • Posted: 25 May 2010

James L. Olmsted

OlmstedLAW

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Handling the Land Use Case: A User's Manual for the Public Interest Attorney

Journal of Environmental Law & Litigation, Vol. 19, No. 1, p. 21, 2004

Number of pages: 60 • Posted: 23 May 2010

James L. Olmsted

OlmstedLAW

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The Future of Perpetuity: Conservation Easement Concerns in the 21st Century

The Long View: Oregon State Bar Sustainable Future Section, 2011

Number of pages: 11 • Posted: 20 Oct 2011

James L. Olmsted

OlmstedLAW

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The Global Warming Crisis: An Analytical Framework to Regional Responses

Journal of Environmental Law & Litigation, Vol. 23, No. 1, p. 125, 2008

Number of pages: 66 • Posted: 25 May 2010

James L. Olmsted

OlmstedLAW

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Biodiversity Conservation

Emphasizing Sustainable Practices

With a keen emphasis on sustainable practices and conservation ethics, James Olmsted's initiatives strive to secure a harmonious coexistence between humanity and nature.

Advocacy

Shaping Environmental Policy

By combining legal expertise with a passion for environmental preservation, James Olmsted continues to make significant strides in reshaping environmental policies for a more sustainable future.

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Community Engagement

Collaboration for Positive Change

Through collaborative efforts and community empowerment, he seeks to inspire positive change and instill a sense of responsibility towards protecting our planet.

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