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Natural Resources Law
University of Toledo School of Law
Kilbert, Kenneth

Shortened Outline
Chapter 1 – Natural Resources in general
What is a Natural Resource?
Anything that was here before us and may be exploited
Resource Philosophical Policies
Deep Ecology
Environmentalism almost to a religious viewpoint
Basic policy – every living thing has a right to exist unharmed
The Land Ethic
They should take into account everything included humans and nature
Integrity of the ecology
Will it wipe out a species?
Anthropocentrism & Utilitarianism
Decisions ought to be based on the best human welfare
If you kill penguins, that’s ok unless the penguins have a value to us
Intergenerational Equity
Take into account future generations
Sustainable Development – Able to keep the same level for very long periods of time
Why are Natural Resources difficult to manage?
Scarcity – not unlimited in most cases
Clash of values (land use and conservation)
“commons problem” – free riders
Market failures – A lot of environmental advantages are not tangible in a consumerist situation
Scientific uncertainty – act quicker with less information or later (where more degeneration has occurred) with better info
Extractive Resources
·         Renewable
o   Examples – Coal, Oil, Copper
o   Primary management challenges
§ Provide incentives for further development, equitable allocation
·         Non-renewable
o   Examples – Fish, Timber, Soil, groundwater
o   Primary Management Challenges
§ Ensure sustainable yield, equitable allocation
Ecosystem Services
§ Examples – Pollination, water purification, flood control, climate stability
§ Primary Management challenges
o   Public goods – markets do not capture value of services; few explicit legal protections
§ Examples – Scenic vistas, Mount denali, Yellowstone
§ Primary management challenges
o   Congestible goods – ensure use of, and equitable access to, at levels that don’t diminish value of experience
Problems of the commons
Sheep all grazing in the same field, destroy it at a greater pace with multiple people
Would be best for all to slow down the grazing, but hard to get to the point of collective action
Free riders ruin this situation anyway
Agency Capture – a few people who have a very strong interest and overtake the interest of the great major

st for public
Lands under navigable waters cannot be sold by state (except where advances or does not substantially impair public interest)
Federal Power over Resource Management
Kleppe v. New Mexico
Congress may protect animals on public lands, notwithstanding state law (Under Property Clause)
Minnesota v. Block
Congress may regulate off public land if is “to protect the fundamental purpose” for which the federal land had been reserved and the actions “reasonably relate” to that purpose
Geer v. Connecticut
State may regulate the killing of wildlife however it may, no violation of federal law
Gibbs v. Babbitt
Majority holds that this regulation substantially affects interstate commerce.
Just because it burdens other parts of commerce, does not mean it is unconstitutional
Takings limitation – Nor shall private property be taken for public use, without just compensation
When does regulation go too far?