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Unformatted text preview: Foundations Outline For the TEST: Start by giving some background Then talk about the issues in order of importance (or the issues in the order in which the person you are writing for can best work on which issues can the person make the greatest impact?) o Look to see if an AGENCY has some power to solve the problem o Note: Each paragraph in the facts section tends to have an issue hidden in it. Look hard. Take time to find everything! Three Dominant Eras of Policy Making in the West: Gold Rush (1859) 1890 o Explosion of activity that was once laissez faire became subsidized o Heavily individualistic o Large federal control of resource allocations (and giveaways) o No care for environmental impacts 1890 1920 The Progressive Era o 1890 Yosemite established as National Park o Retreating from prior era w/ more government planning and use of science o Pinchot o Comprehensive legislation dealing w/ land, minerals, and rivers Late 60s Early 80s The Modern Conservation Movement o Lots of legislation o NEPA, CWA, CAA, ESA o Forest legislation, public domain legislation, wilderness and wild scenic rivers We have a question mark on what era we are in right now o Current administration has done its best to peel back many measures New vs. Old Ideals Regarding Land Use Legislation Old Ideals o Put the land to use o Lords of Yesterday 19 th century laws, policies, and ideas that arose under wholly different circumstances that dominate natural resource policy today. They are in place due to inertia, powerful lobbying forces, and lack of public awareness. New Ideals (should be) o Sustainable development According to the Bruntland Commission, sustainable development is development that meets the needs of the present w/o compromising the ability of future generations to meet their own needs. o Both extractive uses and non-extractive uses should be balanced and considered o Resource development should be aimed at producing long-living, viable communities o Federal and state governments should receive returns on leases o Subsidies should really be targeted & continuously reexamined Indian and Early American Views of Nature, Property, Government, and Population I: Do the materials regarding the Indian world view hold relevance for us today ? o Standing Bear The Indian point of view = no antagonism towards nature 1 Indians sought harmony w/ their surroundings, while whites sought dominance over them The universe is animate (the trees and rocks were kin.) o Indians understood sustainable resource use o Indians have a relational, rather than a hierarchical land ethic Animals have rights too (In fact, everything has rights including the stars) o Indians had property rights, b/ did not believe in property ownership: Fishing sites When a whale came ashore, certain villages might have a right to the whale (NW coast) o Small is beautiful. When you see where your resources are coming from and manufacture at...
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This note was uploaded on 02/12/2008 for the course LAW 6112 taught by Professor Wilkinson during the Fall '06 term at Colorado.
- Fall '06
- The Land