Public Land and Resources Law

PUBLIC LAND AND RESOURCES LAW

Professor Rock Pring Tu & Th 2:45-4:00 pm Fall Semester 2012 Office: 407H 303-526-1151 (tel) [email protected] (email) Walk-in office hours Tu & Th 1:30-2:30 pm, or call/email for appointment

Course Coverage: This is a comprehensive introduction to the laws governing the vast publicly owned lands and natural resources - over 1/3 of the USA (and similarly substantial amounts in many other countries). PL&RL is a foundation law course and compliments Environmental Law, which covers environmental quality and pollution controls. A third basic course, Natural Resources Law, surveys both fields more generally, in one semester. Upper-level electives like Water Law, Mining Law, Energy Law, Wildlife Law, etc. can be taken as follow ups for in-depth learning about the issues in this course.

Course Objectives: To learn the law governing the use and conservation of the public’s environment and natural resources (including the factors that determine the law – the history, geography, policy, politics, practice, ethics, economics, and dirty tricks) and to learn how to use that law effectively in practice. We will do this by studying each of the key natural resources – land, forest, range, minerals, wildlife, recreation, wilderness, etc.

Who Should Take This Course: Since government (national, state, and local) owns and manages 1 out of every 3 acres of the USA, PL&RL can have enormous control over our clients, our economy, and our lifestyles. That makes this course valuable particularly for those planning to practice West of the Mississippi (where the majority of PL&Rs are located) as well as for those thinking about

 specializing in Environmental and/or Natural Resources Law – in private practice, government, corporate, or public interest firms  general practice – which can include resource-involved clients, like developers, extractive industries, government regulators, farmers-ranchers, energy companies, environmental activists, and communities.  just being knowledgeable – about what’s going on around you all the time locally, nationally, and internationally – in the media, blogs, political campaigns, city council meetings, stock market, protests, lawsuits, etc.

Texts:

1. Klein, Cheever & Birdsong, Natural Resources Law: A Place-Based Book of Problems and Cases – Second Edition (2009) (“CB” below) – be sure to get the new 2d edition, not the old 2005 edition). Available at the Bookstore.

2. Xerox Readings (“X” below). Equally important – automatically read with correspondingly numbered CB pages (e.g., with CB page 45 read X45.1, X45.2, etc.). Available on the course TWEN site under “Course Materials.” (Ignore Xeroxes that are not listed in the Class Assignments below; they are being replaced by other materials.)

Pre-requisites: None. Open to students in the JD, LLM, and MRLS Programs.

1 Learning method: This is a learner-friendly, interactive, problem-solving course. Regular class preparation and participation is essential. In-class participation is so important in a course like this that, in the unlikely event that a student’s preparation, attendance, or contribution during the course is seriously deficient, the professor reserves the right to take that into account in grading. This rarely happens.

Reading: While fun, the reading is substantial, as it is in the real world, and must be read ahead of time, to enable you to understand and participate in the classes. Success in this course does require a commitment to doing the reading regularly, before class.

TWEN: ASAP sign up for the Fall 2012 Public Land & Resources Law class TWEN site – to get the Xerox readings, important class notices, and other course materials.

Email + Internet: Important communications, assignment changes, and other information will be sent to your official SCOL email account, so check it regularly. The course also requires basic Internet and search-engine ability (or willingness to learn).

Grading: There will be two exams – a short midterm (25% of the final grade) and a final exam (75%). Both will be anonymously graded, take-home, limited open-book, time- limited, actual legal practice questions. The midterm will permit consultation with other class members; the final is a no-consultation exam. The questions are designed to see how well you use only this class's materials and learning – no outside library, internet, media, or other research is allowed or advisable.

Seating Chart: By the second class, please select a seat and sign for it on the seating chart. If you wish to change your seat during the semester, feel free, but be sure to have me note the change on my copy of the seating chart. Persons not on the seating chart will not receive a course grade.

Makeup Classes: Makeup classes, if necessary, will normally be scheduled on Tuesday or Thursday from 12:00-1:00 pm. Makeups will be videotaped and put on our TWEN site, for those whose schedules do not allow attendance.

Office Hours: Professors’ office hours are always chancy – frequently overcrowded, or at inconvenient times, or conflicted out for you. If so, just email or phone me some dates with times you are available – or take a chance and stop by. You are welcome, and I look forward to it.

Honor Code: The Honor Code applies to all aspects of this course. Please know it and follow it. Even a suspicion of a violation requires a report to the Honor Board, without notice.

Faculty: By way of full disclosure, the professor has practiced as an environmental/natural resources lawyer in private practice, government, and local, national, and international environmental advocacy organizations, with primary emphasis on the latter. The course will examine resources law and practice from the perspectives of all 3 of these key sectors.

2 CLASS ASSIGNMENTS

Date Topic Read / Discuss

INTRODUCTION

Tu 8/21/2012 X 1.1, CB 1-9, 17-20, 37-44, and maps on 57

Th 8/23 CB 45-66, X 45.1-.2

Tu 8/28 CB 66-100, X 75.1, 90.1, 95.1

FEDERAL AGENCY DECISIONMAKING

Th 8/30 CB 101-122

Tu 9/4 CB 122-133, and on TWEN Course Materials read: “USFS NEPA Documentation Needed for Limited Timber Harvest (7/29/2003)”

Th 9/6 CB 133-150

Tu 9/11 CB 150-177, X 156.1-.2

Th 9/13 CB 177-196, X 180.1-.2

Tu 9/18 CB 196-217

Th 9/20 CB 217-230

Tu 9/25 CB 233-251

Th 9/27 NO CLASS MEETING

Th 9/27 MIDTERM EXAM AVAILABLE 12:00 noon (RECEIVE ON-LINE FROM REGISTRAR)

The midterm exam will be available from the Registrar on-line and can be taken during any 24-hour (or less) period between Thursday Sept. 27 at 12:00 noon and Monday Oct. 1 at 10:00 am.

M 10/1 MIDTERM EXAM PERIOD ENDS 10:00 am (SUBMIT ON-LINE TO REGISTRAR BEFORE THIS TIME)

Tu 10/2 NO CLASS MEETING (GRADING)

Th 10/4 IN-CLASS REVIEW OF MIDTERM EXAM

3 NATIONAL FORESTS

Tu 10/9 CB 281-303, X 281.1-.2

Th 10/11 CB 303-321, 326-334, X 306.1, 321.1

Tu 10/16 CB 334-344, X 344.1, and on TWEN Web Links read items at Link 1

RANGELANDS

Th 10/18 CB 345-367 and on TWEN Web Links read item at Link 2

Tu 10/23 CB 368-397 and on TWEN Web Links read and do the exercise at Link 3

MINERALS & ENERGY

Th 10/25 CB 399-427

Tu 10/30 CB 427-446, X 436.1-.5, 446.1-.2

Th 11/1 CB 446-469, X 448.1-.3, 465.1-.3

THE ENDANGERED SPECIES ACT

Tu 11/6 Special Lecture CB 730-731, 742-754, 764-772, 793-817 by Dean Fred Cheever (your coursebook co-author and a leading authority on the ESA)

PROTECTED LANDSCAPES

Th 11/8 National Parks CB 497-519, X 500.1, 506.1, 510.1, 519.1-.4

Tu 11/13 National Monuments CB 519-534, X 528.1-.2, 534.1

Th 11/15 Wilderness CB 534-556, X 569.1-.5

Tu 11/20 Roadless Areas CB 556-570 On TWEN Web Links read Link 4 FLPMA sections

On TWEN Course Materials read: SUWA v. Norton and Utah v. Norton

Th 11/22 NO CLASS MEETING – HAPPY THANKSGIVING

4 WATER

Tu 11/27 “Wet and Wild: Readings to be determined The Water Resource”

Th 11/29 “ “ “ “

Th 12/13 FINAL EXAM AVAILABLE 12:00 noon (RECEIVE ON-LINE FROM REGISTRAR)

The final exam will be available from the Registrar on-line and can be taken during any 24-hour (or less) period between Thursday Dec. 13 at 12:00 noon and Tuesday Dec. 18 at 5:00 pm.

Tu 12/18 FINAL EXAM PERIOD ENDS 5:00 pm (SUBMIT ON-LINE TO REGISTRAR BEFORE THIS TIME)