This casebook is an authoritative introduction to the study of public land and resources law. Case studies, case notes, and examples illustrate points under consideration. Thought-provoking questions generate classroom discussion and hone students' legal reasoning. Representative topics include authority on public lands, wildlife resource, preservation, resource, and history of public land law.
To view or download the 2019 Supplement to this book, click here. The public trust doctrine (PTD), an ancient anti-monopoly precept of property law inherited from Roman and civil law, exists in every United States jurisdiction and several international ones. The PTD, originally concerned with navigation and fishing, has emerged as an organizing principle for natural resources management in the twenty-first century, for it posits government trustees as stewards for both present and future generations. This casebook examines the role of the public trust doctrine in managing waterways, wetlands, water rights, wildlife, the atmosphere, and uplands like beaches and parks. The materials are suited for either an upper-division environmental or natural resources law course or a seminar. The second edition includes important new cases, including the Pennsylvania Supreme Court's landmark Robinson Township decision, the Wisconsin Supreme Court's narrowing of the public trust doctrine in Rock Koshkonong, and several recent cases in the atmospheric trust litigation.
Combining the two main approaches to teaching this broad area, this volume examines environmental law, including pollution control, and the natural resources law course covering conservation, energy and other aspects. This expansion of coverage promotes a fuller understanding of these complex issues, and can provide either a once-through general understanding of this area of law, or a foundation for more intense future study. resource law, and then discusses pollution control and remediation. Administrative law and environmental litigation issues are covered in less depth, as they can be treated in depth in other courses. The text includes discussion of the National Environmental Policy Act and the Endangered Species Act and in-depth treatment of the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, and the Superfund Law (CERCLA). An accompanying teacher's manual provides additional pedagogical insight and a documents supplement offers relevant additional materials.
The past twenty-five years have seen a significant evolution in environmental policy, with new environmental legislation and substantive amendments to earlier laws, significant advances in environmental science, and changes in the treatment of science (and scientific uncertainty) by the courts. This book offers a detailed discussion of the important issues in environmental law, policy, and economics, tracing their development over the past few decades through an examination of environmental law cases and commentaries by leading scholars. The authors focus on pollution, addressing both pollution control and prevention, but also emphasize the evaluation, design, and use of the law to stimulate technical change and industrial transformation, arguing that there is a need to address broader issues of sustainable development. Environmental Law, Policy, and Economics,which grew out of courses taught by the authors at MIT, treats the traditional topics covered in most classes in environmental law and policy, including common law and administrative law concepts and the primary federal legislation. But it goes beyond these to address topics not often found in a single volume: the information-based obligations of industry, enforcement of environmental law, market-based and voluntary alternatives to traditional regulation, risk assessment, environmental economics, and technological innovation and diffusion. Countering arguments found in other texts that government should play a reduced role in environmental protection, this book argues that clear, stringent legal requirements--coupled with flexible means for meeting them--and meaningful stakeholder participation are necessary for bringing about environmental improvements and technologicial transformations.
Lawrence J. MacDonnell is director and Sarah F. Bates is associate director of the Natural Resources Law Center at the University of Colorado School of Law. Bates is co-author, with Marc Reisner of Overtapped Oasis.
Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Natural Resources Law, Fifth Edition, continues to emphasize the importance of place through a visually rich text that invites students to consider the passion behind natural resources disputes. Chapters open with a map marking the geographic location of each case and all judicial opinions begin with a context-setting, place-based narrative and photograph. This teachable book groups readings into discrete, assignment-sized chunks and accommodates a wide range of pedagogical approaches. For those who want to focus on cross-cutting themes and policy, each chapter includes thought-provoking article excerpts concludes with a discussion problem that applies the chapter's cases to a contemporary policy issue or dispute. For those who want to get into the nitty-gritty details of the law, each chapter presents statutory and regulatory excerpts in standalone, easily referenced sections, rather than scattered throughout the text. New to the Fifth Edition: New/updated discussion problems, including: access to nature and urban conservation; Dakota Access Pipeline; expanding tribal management of resources; mitigation under Clean Water Act; and climate change and rising seas New cases, including: Wyoming v. DOI; WildEarth Guardians v. Zinke; Center for Biological Diversity v. EPA; Alliance for the Wild Rockies v. U.S. Forest Service; Wetlands America v. White Cloud Nine Ventures; Edwards Aquifer v. Bragg; Butte Environmental Council v. U.S. Army Corps of Engineers New/expanded discussion: Wildfire and state/private forestry regulation Negative impacts on Native Americans of the historical settlement of the public domain and the preservation movement Renewable energy infrastructure on public lands Overlooked and growing relevance of CWA section 404 on streams and wetlands Efforts to recognize "rights of nature" Importance of access to nature; role of urban parks ESA critical habitat; agency policy documents implementing the ESA Water transfers, groundwater regulation, and reserved rights Snowmobile use in Yellowstone National Park; continuing challenges to the Antiquities Act and presidentially designated national monuments Revised chapter on energy and federal lands by national expert Alexandra Klass, including debates over the use of federal lands for continued fossil fuel development and siting of renewable energy infrastructure on public lands Professors and students will benefit from: Place-based approach--conveys passion and drama fueling resource disputes and policy and brings to life judicial analysis and statutory interpretation Broad national coverage--includes both traditional public lands issues and broader natural resource topics of interest to both eastern and western students Factually rich discussion problem at end of each chapter--based on a contemporary dispute or policy issue
Natural resources law is a dynamic field of practice, with a rich history that reaches back several centuries. The authors look at current challenges and offer ideas about the future while demonstrating that the federal government's role continues to be a complex one as markets and private actors become more visible participants in the current policy arena. Part I provides foundational analyses of the law, while the second part reviews thematic issues in the area.
View or download the free 2014 Online Supplement for this product. Taken in its expansive sense, "environmental and natural resources law" encompasses pollution control law, energy allocation and conservation law, species and habitat protection, common law property rights, and a host of other areas. Often, this massive body of legal material is divided into two courses, the Environmental Law course dealing primarily with pollution control and the Natural Resources course covering the remainder. This casebook combines the two areas. As a survey course, the expansion of subject matter coverage allows the student a fuller understanding of the "playing field" and the generic issues that arise across this wide spectrum of material. The wider coverage, moreover, should suit both students who want a once-through general understanding of this area of the law as well as those seeking a foundation for more intense future study. Environmental and Natural Resources Law is divided into three parts: First, the book presents 'foundational' material, which includes information on common law remedies, federalism issues, and a bit of the history of the environmental movement that has led to the current network of legal controls. Next, the book covers natural resources law, including the National Environmental Policy Act, the Endangered Species Act, and the public trust doctrine. Also included is optional coverage of federal lands and water rights. Finally, the book surveys pollution control and remediation, discussing the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, and the 'Superfund' law (CERCLA) in successive chapters. Environmental and Natural Resources Law concentrates on the mechanics of regulatory programs so that students may learn how to read and understand complex statutes, why regulatory initiatives have come into being, and how the various regulatory programs are structured. A Teacher's Manual is available to professors. The Fourth edition of Environmental and Natural Resources Law has the following updates: Survey coverage of both environmental law and natural resources law Update on the domestic law of climate change Emphasis on structure of regulation: federalism; statutory and common law; role of administrative agencies Program-by-program coverage Historical information about the environmental movement Emphasis on developing students? abilities to work with complex statutes This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.
