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Course Number: LAW 775

Course Credits: 2

The protection of nature in parks, wilderness areas, and wildlife refuges has produced a special body of law throughout the country and the one-third of the United States which constitutes public lands. This course focuses on state conservation laws. Using the NYS Environmental Conservation Law as an example, fish and game laws and forestry laws are examined along with newer regulations on private lands to protect ecological systems or rare geological features such as wild and scenic rivers. Programs of local Conservation Trusts and the use of conservation easements are examined. The course also examines local land use ordinances to govern trees, wildlife habitat, and cultural assets on private property, as well as to provide overlay zones for wildlife migration, or flooding mitigation, and other ecological objectives. Comparisons are made, where appropriate to analogous federal laws, and international best practices for marine sanctuaries, protected areas, biodiversity inventories and stewardship, and habitat protection for migratory species. These aspects are coordinated through the integrating processes of environmental impact assessment and rights of public participation in environmental decision-making. In context, the relative rights of indigenous peoples and their sovereign rights, of private property owners, of various state government departments (e.g. health, transportation, environment), and federal agencies are analyzed in context. This seminar meets once a week for 2 hours. Each student will prepare a research paper.