Natural resources law and policy / Josh Eagle, James Salzman, Barton H. Thompson, Jr.
2017
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Details
Author
Title
Natural resources law and policy / Josh Eagle, James Salzman, Barton H. Thompson, Jr.
Imprint
New York, N.Y. : Foundation Press ; St. Paul : West Academic Publishing, [2017]
Copyright
©2017
Description
1 online resource (339 pages).
Series
Concepts and insights series.
Formatted Contents Note
Cover Page; Title Page; Copyright Page; Dedication; Preface; Summary of Contents; Table of Contents; Chapter 1. An Introduction to Natural Resources Law and Policy; I. Why Study Natural Resources Law?; II. A Short History of Natural Resources Management in the United States; TVA v. Hill; III. What's Natural About Natural Resources?; Chapter 2. Perspectives on Natural Resources Law and Policy; I. Three Analytic Frameworks; A. Environmental Rights; B. Utilitarianism and Cost-Benefit Analysis; C. Sustainable Development; II. Basic Themes of Natural Resources Law; A. Scarcity
B. Misaligned Incentives and the CommonsC. Market Failure; D. Agency Capture; E. Scientific Uncertainty; F. Cognitive Biases; G. Mismatched Scales; Chapter 3. The Practice of Managing Natural Resources; I. Federalism: Which Level of Government Manages the Resource?; A. Historical State Dominance; B. Federal Exceptions; 1. Federal Property; 2. Federal Legislation; 3. Other Federal Involvement; 4. Shared Authority; C. American Indian Nations; II. Approaches to Allocating Natural Resources; A. The U.S. Preference for Private Resource Rights; B. Common Ownership; C. Typical Allocation Approaches
D. Designing Resource Rights; III. Regulating Natural Resource Extraction and Use; A. Prescriptive Regulation; B. Private Property Rights; C. Financial Penalties; D. Financial Payments; E. Persuasion; F. Putting the Toolkit to Work; IV. The Administrative Law of Natural Resources; A. Basics of Administrative Law; B. Rulemaking; C. Adjudication; D. Final Agency Action; V. How Environmental Groups Shape Natural Resource Management; A. Lobbying; B. Citizen Suits; C. Standing; Lujan v. Defenders of Wildlife; Chapter 4. Limits on Governmental Action; I. The Public Trust Doctrine
A. Tidelands and Navigable WaterwaysB. Water; C. Other Resources; II. Protecting Interstate Commerce Through the Dormant Commerce Clause; III. Protecting Economic Expectations; A. Takings; Lucas v. South Carolina Coastal Council; B. Contract Violations; Chapter 5. The National Environmental Policy Act; I. When Must an Agency Prepare an EIS?; II. Timing & Process; The NEPA Decision-Making Process; III. Contents and Adequacy of the EIS; IV. Scope of the EIS; V. Does It Work?; Chapter 6. Wildlife Protection; I. A Brief History of Wildlife Law; A. Pre-U.S. History
B. The History of State Regulation1. Regulation of Take; 2. Agencies & Commissions; 3. Restrictions on Who Could Hunt & Fish; 4. Restrictions on Wildlife Exports; 5. Summary; C. The Growth of Federal Wildlife Law; II. Wildlife Management Today; A. State Law; B. Federal Law; III. Protection of Endangered Species; A. U.S. Endangered Species Act; 1. Listing Species; 2. Limits on Federal Agency Actions; 3. Private Violations; a. The Prohibition on "Takings"; b. Incidental Take Permits; c. Administrative Reforms; d. Criticisms of Section 9; 4. Recovery Plans & Other Provisions
B. Misaligned Incentives and the CommonsC. Market Failure; D. Agency Capture; E. Scientific Uncertainty; F. Cognitive Biases; G. Mismatched Scales; Chapter 3. The Practice of Managing Natural Resources; I. Federalism: Which Level of Government Manages the Resource?; A. Historical State Dominance; B. Federal Exceptions; 1. Federal Property; 2. Federal Legislation; 3. Other Federal Involvement; 4. Shared Authority; C. American Indian Nations; II. Approaches to Allocating Natural Resources; A. The U.S. Preference for Private Resource Rights; B. Common Ownership; C. Typical Allocation Approaches
D. Designing Resource Rights; III. Regulating Natural Resource Extraction and Use; A. Prescriptive Regulation; B. Private Property Rights; C. Financial Penalties; D. Financial Payments; E. Persuasion; F. Putting the Toolkit to Work; IV. The Administrative Law of Natural Resources; A. Basics of Administrative Law; B. Rulemaking; C. Adjudication; D. Final Agency Action; V. How Environmental Groups Shape Natural Resource Management; A. Lobbying; B. Citizen Suits; C. Standing; Lujan v. Defenders of Wildlife; Chapter 4. Limits on Governmental Action; I. The Public Trust Doctrine
A. Tidelands and Navigable WaterwaysB. Water; C. Other Resources; II. Protecting Interstate Commerce Through the Dormant Commerce Clause; III. Protecting Economic Expectations; A. Takings; Lucas v. South Carolina Coastal Council; B. Contract Violations; Chapter 5. The National Environmental Policy Act; I. When Must an Agency Prepare an EIS?; II. Timing & Process; The NEPA Decision-Making Process; III. Contents and Adequacy of the EIS; IV. Scope of the EIS; V. Does It Work?; Chapter 6. Wildlife Protection; I. A Brief History of Wildlife Law; A. Pre-U.S. History
B. The History of State Regulation1. Regulation of Take; 2. Agencies & Commissions; 3. Restrictions on Who Could Hunt & Fish; 4. Restrictions on Wildlife Exports; 5. Summary; C. The Growth of Federal Wildlife Law; II. Wildlife Management Today; A. State Law; B. Federal Law; III. Protection of Endangered Species; A. U.S. Endangered Species Act; 1. Listing Species; 2. Limits on Federal Agency Actions; 3. Private Violations; a. The Prohibition on "Takings"; b. Incidental Take Permits; c. Administrative Reforms; d. Criticisms of Section 9; 4. Recovery Plans & Other Provisions
Summary
Natural Resources Law and Policy is a user-friendly, concise, inexpensive text on how we manage our valuable resources. Written to be an enjoyable and informative guide to natural resources, rather than used as a dry reference source, the authors provide a broad conceptual overview of natural resource management while also explaining the major statutes, cases, and doctrines. The book is intended for three audiences - students (both graduate and undergraduate) seeking a readable study guide for their natural-resource and environmental courses; professors who do not use casebooks (relying on their own materials or case studies) but want an integrating text or want to include conceptual materials on the major legal issues; and practicing lawyers and professionals who want a readable overview of the field. The first part of the book explains the major themes and issues that cross-cut natural resources law as well as the relevant legal doctrines from administrative law, constitutional law, and standing. The second part of the book explores the management of specific natural resources - from fisheries, forests and frogs to national parks, oil and water, and others. A series of problem exercises run throughout the book, describing a legal or policy conflict in detail and asking students to identify and assess solutions. Textual boxes out set out the details of important judicial opinions.
Note
Includes index.
Source of Description
Online resource; title from EPUB title page (West Academic, viewed September 14, 2017).
Location
www
Linked Resources
Alternate Title
West Academic study aids.
Language
English
ISBN
9781628103984 (electronic book)
1628103981 (electronic book)
1628103981 (electronic book)
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