A. Overview

In this course, we will focus on federal public land and natural resources policy and law.  There will be major units on land use and regulatory "takings"; water policy, focusing on California: mining, timber and grazing law and policy; legal aspects of forest, range, park, wilderness and wildlife management; recreation and preservation; the Everglades ecosystem; and related issues.  The course will emphasize the role of the courts, administrative discretion, the Endangered Species Act, and the tension between protecting resources and respecting property rights. Students will have the opportunity to undertake significant research on aspects of policy or law governing the management of natural resources.

B. Course Responsibilities

Class members will be expected to have completed the day's reading and be prepared to comment on it.  Working in teams, each class member will lead the class with a formal presentation on the week's subject, together with discussion questions and/or a video tape and/or a simulation exercise.  Two short research papers of about eight pages will be required. All law cases must be "briefed" and readings analyzed or challenged. Briefs and analyses should not exceed one page. There will be no exams.

C. Required Texts:

 1. Wilkinson, Crossing the Next Meridian. (1992)

 2. Layzer, The Environmental Case. (2002)

 3. Weber, From Abundance to Scarcity. (2002)

 4. Dietrich, The Final Forest.  (1992)

 5. Course Reader

D. Weekly Readings:

Week 1: Rationale for Protecting Resources
  CLASS VISIT TO LAW LIBRARY (10/3)
10/1  Wilkinson, Chapters 1 and 7
10/3  Briefing Exercise: Kleppe v. New Mexico (1976)

Week 2: Limits on Use of Property
  CONFERENCES ON PROPOSED RESEARCH PAPER TOPICS

10/8 Sax, "Bringing an Ecological Perspective to Natural Resources Law: Fulfilling the Promise of the Public Trust."
 National Audubon Society v. Superior Court (Mono Lake Case) (1983)

10/10 Unnatural uses: Just v. Marinette County (1972)
 Effect on Public Lands: Leo Sheep v. United States (1979)
       U.S. v. New Mexico (1978)
 

Week 3: Government Regulation: Zoning and Takings
 

10/15  Pennsylvania Coal v. Mahon (1922)
  Penn Central v. NYC (1978)
  One page discussion of 1987 cases from Coggins, and brief of Keystone.
  Sax, Property Rights in the Supreme court (Nollan case).
  Nollan v. California Coastal commision (1987)

10/17  Sax, Understanding Lucas v. S. Carolina Coastal Council
  Lucas v. South Carolina Coastal Council (1992)
  Layton and French, Dolan v. City of Tigard
  Dolan v. City of Tigard (1994)
  Douglas, Why the Land Rights Debate matters

Week 4: Water

10/22  Wilkinson, Chapter 6

10/24  Viewing of "Cadillac Desert"
 

Week 5: Mining and Grazing
10/29  FIRST RESEARCH PAPER DUE

10/29  Wilkinson, Chapters 2 & 3

10/31  Layzer, Chapter 6

Week 6: Fisheries
  FIRST PAPER CONFERENCES

11/5-7  Weber, From Abundance to Scarcity

Week 7: Timber and Forests: the U.S. Forest Service

11/12-14 Wilkinson, p. 146-174
  Dietrich, The Final Forest

Week 8: Wildlife and Endangered Species

11/19  Layzer, Chapters 7 & 13

11/21  TVA v. Hill (1978)
  Babbitt v. Sweet Home Chapter (1995)

Week 9: Recreation and Preservation: The National Park Service
11/26  SECOND RESEARCH PAPER DUE

11/26  Layzer, Chapter 5
  Stegner, "The Meaning of Wilderness for American Civilization"

Week 10: Ecosystem solutions: The Florida Everglades
  SECOND PAPER CONFERENCES

12/3-5  Layzer, Chapter 12

E. Evaluation:

Course grades will be based on the following  elements:

Research papers:     50%

Class presentation    20%

Case briefs and reading analyses  20%

Seminar participation    10%