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Full-Text Articles in Law

Natural Resources Law: Private Rights And The Public Interest, Eric Freyfogle, Michael Blumm, Blake Hudson Jan 2015

Natural Resources Law: Private Rights And The Public Interest, Eric Freyfogle, Michael Blumm, Blake Hudson

Contributions to Books

This casebook offers a view of natural resources law rich in history, yet exposing students to the complexities of practicing natural resources law in the 21st century. Given that the focus of most Natural Resources Law casebooks is public lands and public law (often at the federal level), this casebook is unique in its primary focus on natural resource conflicts on private lands and its significant focus on private law (though public law is also a focus). While we include chapters on federal public lands and areas of federal primacy like wetlands regulation and endangered species protection, our focus is …


The Alaskan Wolf War: The Public Trust Doctrine Missing In Action, Edward A. Fitzgerald Jan 2009

The Alaskan Wolf War: The Public Trust Doctrine Missing In Action, Edward A. Fitzgerald

Animal Law Review

Wolf killing in Alaska is authorized by the Board of Game (BOG), an agency captured by hunting and trapping interests. The BOG’s wolf killing policies have generally been supported by state legislatures and governors. Alaskan courts have not halted the wolf killing. The courts have viewed wolf killing as an issue of administrative law and deferred to BOG expertise. This article argues that the courts should have invoked Alaska’s public trust doctrine, which prevents the granting of preferences over state natural resources. The courts should have also rigorously examined the BOG’s wolf killing policies and protected the wolf as a …