Seminar: Foundations of American Natural Resources Law
Professor David H. Getches
The seminar will explore the legal, political, historical, and intellectual influences that have shaped environmental and natural resources policy in the United States. This is essential and complementary background for the serious student of law and policy as it relates to federal public lands, development and conservation of minerals, water, wildlife, and timber, and control of pollution.
Readings will include excerpts from diverse authors, including: Henry David Thoreau, John Locke, Willa Cather, Aldo Leopold, George Perkins Marsh, John Muir, Gifford Pinchot, Rachel Carson, Terry Anderson, Carol Rose, Charles Wilkinson, and Edward Abbey. We will begin with Indian and other early views of nature, property, and government, then study the opening of the public domain, the progressive conservation movement, the rise of the modern environmental law, and new approaches to resource management. Students will be introduced to the early public land laws, water rights, wildlife regulation, and modern environmental statutes through selected cases and statutes. We will debate the roles of economics, regulation, population policy, science, and philosophy.
Each student will write a research paper on a current issue or conflict and will analyze available legal or policy approaches and the foundations underlying those approaches. The paper will be due the last day of the exam period, will be of a quality to satisfy the writing requirement, and will be in lieu of a final examination. Course grades will be based on the paper and the quality of class participation.