Regulating the Marine Environment
About this Course
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 right, 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. Finally, the course addresses the interplay between these domestic regulatory powers and applicable principles and rules of international law. These relationships will be illustrated 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.