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Natural Resources Law - Private Rights and the Public Interest (Hardcover)
Loot Price: R7,275
Discovery Miles 72 750
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Natural Resources Law - Private Rights and the Public Interest (Hardcover)
Series: American Casebook Series
Expected to ship within 12 - 17 working days
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This casebook offers a view of natural resources law rich in
history, yet exposing students to the complexities of practicing
natural resources law in the 21st century. Given that the focus of
most Natural Resources Law casebooks is public lands and public law
(often at the federal level), this casebook is unique in its
primary focus on natural resource conflicts on private lands and
its significant focus on private law (though public law is also a
focus). While the authors include chapters on federal public lands
and areas of federal primacy like wetlands regulation and
endangered species protection, their focus is largely on natural
resources law in states that are not dominated by federal public
lands, since sixty percent of the land in the United States is
privately owned. The book is especially appropriate for students in
states east of the 100th meridian. Although the authors address
particular resources separately - including private and public
rights in waterways (including the public trust doctrine),
wetlands, wildlife, water, minerals, forests, grazing, recreation,
and renewable resources - they draw frequent comparisons of the
law's treatment of natural resources to allow students to analyze
the consistency or inconsistency of natural resources law across
diverse subject areas. For example, with some regularity they offer
comparisons of those natural resources that are allocated on a
first-in-time principle as opposed to those dispensed according to
notions of reasonable use. They also compare management regimes
throughout, including non-governmental decision making. The authors
make an effort to build on the students' studies of common law
doctrines like trespass, nuisance, and servitude law to show how
they influence the use, development, and preservation of natural
resources. The question of development vs. preservation is a
persistent issue, and the constitutional takings issue is another
repeated theme.
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