Should taxpayers have to pay people not to put pollutants into streams and reservoirs? Should taxpayers have to pay people not to kill off entire species? Should taxpayers have to reach into their pockets and pay people not to disperse development seamlessly across the countryside, relentlessly consuming, fragmenting, and degrading our nation's remaining natural lands until almost all is gone? Should we, in short, have to pay people not to engage in land-uses that have been determined to be too socially unacceptable to allow?
John A. Humbach, Should Taxpayers Pay People to Obey Environmental Laws?, 6 Fordham Envtl. L.J. 423 (1995), available at http://digitalcommons.pace.edu/lawfaculty/91/.