Natural Resources Law and Policy

Environmental law subsumes two major legal fields. One field, which is the subject of Environmental Law & Policy (Law 2504), focuses on pollution containment (e.g., the Clean Air Act and the Toxic Substances Control Act). This course focuses on societal management and protection of the natural world and natural resources (e.g., energy, water, and living species). Natural resource management presents extremely difficult and contentious issues of law and public policy. Major debates rage over whether farmers should use less water in order to protect endangered fish species, how to equitably allocate water and energy, whether the nation should encourage the development of fossil fuels, and whether federal land agencies should emphasize preservation, recreation, or resource extraction. These debates have become even more heated with the political swings of the last decade. This course is a survey course and will explore fish and wildlife protection (including the protection of endangered species), freshwater, energy, and public lands. The course will look at the existing statutes and legal doctrines governing these natural resources, the major legal shifts currently taking place (with a particular focus on the changes initiated by the Trump Administration), and future governance options. In the process of studying natural resources law, the course will also examine regulatory design principles and how to apply them to create effective regulatory regimes. For about half the classes, students will be asked to fill out short pre-class questionnaires, based on the readings, about how to improve resource management in the future. Students also will be expected to participate actively in class discussions. Elements used in grading: completion of pre-class questionnaires, class participation, and final exam (open-laptop mode).