3.00 Credits
Examines the law governing management of the federal public lands/national parks, national forests, wildlife refuges, BLM lands, etc. We begin with an historical review of the evolution of federal land and resource policy. Next, we examine the relationship between Congress and the states, exploring Congress's authority under the Property Clause and federal preemption of state laws that conflict with federal policies. A review of Executive Branch authority on the public domain follows. We take up the executive withdrawal power and investigate such doctrines as judicial review, public trust, and federal reserved water rights. The course then explores the substantive law governing water, minerals, timber, range, wildlife, recreation, and preservation resources. Among other laws, we study NEPA, General Mining Law of 1872, Mineral Leasing Act of 1920, National Forest Management Act of 1976, Taylor Grazing Act, Federal Land Policy and Management Act, Endangered Species Act, and Wilderness Act. In addition to examining Congress' prescriptions for public land management and the constraints it has imposed on land managers, the course also explores how the public and politics influence public land policy and decision making.