Armin Rosencranz (armin@stanford.edu) StanfordUniversity
Office hours: M, W 3-5, Bldg 100, Rm. 102G Spring 2006
Tel. 725-9704 or 324-3454 Human Biology 131
Natural Resources Policy and Law
Mon, Wed 1:15 – 2:45 in 160-317
A. Overview
In this seminar, 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 fisheries policy; legal aspects of forest, range, park, wilderness and wildlife management; recreation and preservation; 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 week’s reading on Monday and be prepared to comment on it. Working in teams, each class member will lead two classes with a formal power point 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 need to be read critically. There will be no exams.
C. Required Text: Rasband et al., Natural Resources Law and Policy (2004)
D. Weekly Readings
4/5: Intro to course; Kleppe v. New Mexico briefing exercise
CHAPTER 1: INTRODUCTION TO NATURAL RESOURCES LAW AND POLICY
4/10: The Nature of Natural; Sri Lankan coral reef mining (pp. 1-12). Why Should We Protect or Use Natural Resources? (pp. 12-28) Wilderness case study (pp. 28-35)
4/12: Why Are Natural Resources So Difficult to Manage? (pp. 35-49) Tools for Managing Natural Resources (pp. 68-77) Quincy Library and ANWR case studies (pp. 49-68)
Conferences on planning first research paper.
CHAPTER 2: FEDERAL JURISDICTION OVER LIVING NATURAL RESOURCES
4/17-19: History of Federal Power over Natural Resources (pp. 78-94, 115-144) Limits to Federal Power over Natural Resources Management – Commerce Clause and Takings (pp. 171-199)
Student presentations begin.
CHAPTER 4: WILDLIFE, BIODIVERSITY, AND THE ENDANGERED SPECIES ACT
4/24-26: Life on Earth and Conservation of Biodiversity (pp. 310-39); The Endangered Species Act – Listing and Critical Habitat (pp. 339-356) Hatchery Salmon Listing Case Study; The Endangered Species Act – Section 7 and Section 9 (pp. 356-389 skim); Reintroduction of Wolves; Vicarious Takes Creating Incentives for Species Protection (pp. 389-411); Delhi-Sands Flower-Loving Fly Case Study (pp. 411-425).
CHAPTER 5: LIVING MARINE RESOURCES
5/1-3: Introduction to Fisheries Management (pp. 426-461); Introduction to the Magnuson Act (pp. 465-483); Red Snapper Fishery Case Study (pp. 495-506); Whales; Case Study: Aboriginal Subsistence Whaling (pp. 521-528); Marine Mammal Protection Act; Pinnipeds and the Salmon Fishery (pp. 528-542).
First research paper due.
CHAPTER 6: PROTECTED LANDS
5/8-10: The Case for Preservation and National Parks (pp. 553-84) Yellowstone Snowmobiles Problem Exercise (pp. 584-6); Wilderness and Alternatives to Public Lands Preservation; Roading Izembek National Wildlife Refuge case study (609-634).
Conferences on first research paper.
CHAPTER 10: FORESTS
5/15-17: Introduction to the Forest Resource and the Timber Industry (pp. 1141-1182, 1186-8); Forestry Law and Clearcutting (1188-1199); Roads and Fire (1216-1231)
CHAPTER 7: WATER
5/22-24: Introduction to Water; Dams; Evaluating the Proposal to Drain Lake Powell (pp. 701-27); Introduction to Riparian Rights and Eastern Permit Systems; Introduction to Prior Appropriation (pp. 727-38, 746-52); Allocating Water Between the States (pp. 848-866) Colorado River case study
5/31: Film: Cadillac Desert shown in class.
Second research paper due.
CHAPTER 8 or 9: RANGELANDS OR MINERALS
6/5-7: Class chooses one. Assignment will follow.
Conferences on second research paper.
E. Evaluation:
Course grades will be based on the following elements:
Research papers: 50%
Class presentations 30%
Seminar participation 20%
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