Regulating the Marine Environment
About This Class
This course examines the interaction of state, federal, and international regimes in the regulation of the marine environment. After a brief historical introduction, the course looks at private rights, the public trust, and the police power in the context of state authority over coastal lands and navigable waters. We then consider the sources of federal power over marine and maritime matters and the relationship of federal preemption of state law and federal incentives for state regulation. The course also briefly addresses the interplay between these domestic regulatory powers and applicable principles and rules of international law. These relationships will be illustrated primarily through issues raised by the marine environment as a source of energy—on the one hand, the nonrenewable resources of the seabed and, on the other hand, the winds, waves, currents, and temperatures of the sea itself.
Method of Evaluation: Take-home examination or paper on approved topic.
AWR: By agreement with professor.