Natural Resources Law

Jan G. Laitos, University of Denver College of Law

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Table of Contents

Teacher's Manual

There are two major changes from the 2d edition. First, the book has been considerably shortened. Instead of having 1200+ pages, the 3d edition should be between 700 and 800 pages. A book that length is more teachable. Second, the book discusses all the many changes that have occurred in federal natural resources policy since 2016. Those changes have been extensive and significant, and they are addressed in the 3d edition (at least up through the summer of 2018).

Specific new Developments Covered –

Chapter 1 – Economics

EPA Administrator Scott Pruitt is rewriting how EPA weighs costs and benefits of regulations, and is scaling back how the government assesses risks of hazardous chemicals

Chapter 3 – NEPA

In Western Org. of Resource Councils and Friends of the Earth v. Zinke (2018), the D.C. Cir. Court of Appeals ruled that the Interior Dept. is not obligated to update its 1979 review of the environmental impact of the federal coal program, despite new scientific findings about climate change and coal use.

President Trump issued guidance in 2018 eliminating the need to consider the “social cost of carbon” and the effect of greenhouse gas emissions in NEPA reviews (Exec. Order # 13783)

President Trump’s executive orders in 2017 ordered that all federal NEPA reviews be streamlined and expedited to reduce delays for energy and timber and mining projects

The Trump administration in 2018 requires federal agencies to emphasize the use of “determinations of NEPA adequacy,” which allow agencies to forego new environmental reviews if there are already impact statements covering similar ground

Chapter 5 – Public Lands

Western States and state counties renew efforts to take control of federal lands within states

President Trump seeks to “shrink” the size of previously created national monuments

Chapter 7 – Timber

The Forest Service in 2018 proposes revisions of its procedures with the goal of increasing efficiency of environmental analysis. This “Environmental Analysis and Decision Making” (EADM) initiative affects NEPA reviews, timber harvesting developments, and management of national forests.

Chapter 9 – Minerals

The chronic problem of abandoned mines becomes acute with the Gold King Mine blow out in Colorado, which has affected much of the river drainage of Southwest Colorado and New Mexico. There are hundreds of thousands of abandoned mines in the West.

One the most valuable minerals is no longer gold, but lithium. This rare earth mineral is found primarily in the “Lithium Triangle” of Argentina, Chile, and Southern Bolivia, but also in Nevada

Chapter 10 – Energy Resources

President Trump issues Executive Order # 13783, titled “Promoting Energy Independence and Economic Growth.” This order requires agencies to revise regulations to facilitate the development of coal mining, as well as the use of carbon-based fuels such as oil and gas. President Trump seeks “energy dominance” by relying on fossil-fuel based energy sources, whether onshore (even in Alaska’s National Wildlife Refuge) or offshore.

Chapter 11 – Wildlife

In Weyhauser v. U.S. Fish and Wildlife Service, 138 S. Ct. 924 (2018), the U.S. Supreme Court agrees to decide whether the Endangered Species Act prohibits the designation of private land as unoccupied critical habitat, that is neither existing habitat nor essential to species conservation.

Chapter 12 – Recreation and Preservation

The U.S. Bureau of Land Management is proposing in 2018 that federal oil and gas drilling proceed adjacent to wilderness areas (the Sangre de Cristo Wilderness) and a National Park (Grand Sand Dunes). Such federal leasing constitutes an “external threat” to preservation and recreation lands.

Learn more about this series.