The Federalism Dynamic in Natural Resources Law


The Federalism Dynamic in Natural Resources Law



Professor Fischman's contribution, chapter 7, is titled "The Federalism Dynamic in Natural Resources Law".


9781604424300 (pb.)

Publication Date



Section of Environment, Energy, and Resources, American Bar Association


Chicago, IL


Natural Resources-Law and Legislation-United States-History


Environmental Law | Law | Natural Resources Law


MacDonnell, Lawrence J. and Sarah F. Bates, eds. The Evolution of Natural Resources Law and Policy. American Bar Association, 2010.

Co-published with the Natural Resources Law Center, University of Colorado School of Law Natural resources law has emerged over the last 60 years as a dynamic and challenging field of practice, with a rich and colorful history that reaches back to the beginning of the United States. Globalization, corporate dominance, and shifts in resource management may seem like the latest topics, but as this book points out, they are nothing new. The North American continent was "discovered" by Europeans during an era of expanding global trade, and quasi-public actors such as the Massachusetts Bay Company and Hudson's Bay Company, as well as private concerns such as the railroads, played huge roles over the centuries. The contributors to The Evolution of Natural Resources Law and Policy do more than take a look at the past, however: they chart the course of the future as well. Throughout the book shows how the role of the federal government continues to be a complex one, as markets and private actors become more visible participants in the current policy arena. The first part -- Reflections on Natural Resources Law and Policy -- comprises foundational analyses of the law. The first chapter begins with an historical tour through federal land policy and offers three different perspectives: an "incremental vision" that forecasts the future evolving slowly from past policy; an optimistic view that a change in property rights law will restore the primacy of public rights in public lands; and a less positive scenario where climate change limits the ability of resource-based institutions to cope with future challenges.

Full bibliographic details available here.

Copies available in the Jerome Hall Law Library, KF5505 .E94 2010

The Federalism Dynamic in Natural Resources Law