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Enviromental Law
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The Public Trust Doctrine in Environmental and Natural Resources Law
To view or download the 2019 Supplement to this book, click here. The public trust doctrine (PTD), an ancient anti-monopoly precept of property law inherited from Roman and civil law, exists in every United States jurisdiction and several international ones. The PTD, originally concerned with navigation and fishing, has emerged as an organizing principle for natural resources management in the twenty-first century, for it posits government trustees as stewards for both present and future generations. This casebook examines the role of the public trust doctrine in managing waterways, wetlands, water rights, wildlife, the atmosphere, and uplands like beaches and parks. The materials are suited for either an upper-division environmental or natural resources law course or a seminar. The second edition includes important new cases, including the Pennsylvania Supreme Court's landmark Robinson Township decision, the Wisconsin Supreme Court's narrowing of the public trust doctrine in Rock Koshkonong, and several recent cases in the atmospheric trust litigation.
Native American Natural Resources Law
To access this book's 2010 Update, click here. In addition, to bring the book up-to-date for 2011-12 before the new edition is released, click here. This casebook explores issues relating to property rights, environmental protection, and natural resources in Indian country. The book covers tribal, cultural and religious relationships with the land, fundamental principles of federal Indian law, land ownership and property rights of tribes, land use and environmental protection, natural resources development, taxation of lands and resources, water rights, usufructuary (hunting, fishing, gathering) rights, and international approaches to indigenous rights in land and natural resources. It is de...
Rule of Law for Nature
'Human laws must be reformulated to keep human activities in harmony with the unchanging and universal laws of nature.' This 1987 statement by the World Commission on Environment and Development has never been more relevant and urgent than it is today. Despite the many legal responses to various environmental problems, more greenhouse gases than ever before are being released into the atmosphere, biological diversity is rapidly declining and fish stocks in the oceans are dwindling. This book challenges the doctrinal construction of environmental law and presents an innovative legal approach to ecological sustainability: a rule of law for nature which guides and transcends ordinary written laws and extends fundamental principles of respect, integrity and legal security to the non-human world.
Lakefront
How did Chicago, a city known for commerce, come to have such a splendid public waterfront—its most treasured asset? Lakefront reveals a story of social, political, and legal conflict in which private and public rights have clashed repeatedly over time, only to produce, as a kind of miracle, a generally happy ending. Joseph D. Kearney and Thomas W. Merrill study the lakefront's evolution from the middle of the nineteenth century to the twenty-first. Their findings have significance for understanding not only Chicago's history but also the law's part in determining the future of significant urban resources such as waterfronts. The Chicago lakefront is where the American public trust doctrin...
Riverflow
Reveals the diverse ways people are using the law to restore rivers in the western United States and around the world.
Northwest Lands, Northwest Peoples
It can be said that all of human history is environmental history, for all human action happens in an environment—in a place. This collection of essays explores the environmental history of the Pacific Northwest of North America, addressing questions of how humans have adapted to the northwestern landscape and modified it over time, and how the changing landscape in turn affected human society, economy, laws, and values. Northwest Lands and Peoples includes essays by historians, anthropologists, ecologists, a botanist, geographers, biologists, law professors, and a journalist. It addresses a wide variety of topics indicative of current scholarship in the rapidly growing field of environmental history.
Democracy in Power
Private money, public good, and the original fight for control of America’s energy industry. Until the 1930s, financial interests dominated electrical power in the United States. That changed with President Franklin D. Roosevelt’s New Deal which restructured the industry. The government expanded public ownership, famously through the Tennessee Valley Authority, and promoted a new kind of utility: the rural electric cooperative that brought light and power to millions in the countryside. Since then, public and cooperative utilities have persisted as an alternative to shareholder control. Democracy in Power traces the rise of publicly governed utilities in the twentieth-century electrification of America. Sandeep Vaheesan shows that the path to accountability in America’s power sector was beset by bureaucratic challenges and fierce private resistance. Through a detailed and critical examination of this evolution, Vaheesan offers a blueprint for a publicly led and managed path to decarbonization. Democracy in Power is at once an essential history, a deeply relevant accounting of successes and failures, and a guide on how to avoid repeating past mistakes.
