Legal Aspects of Geology

ISBN-13: 9781468444292 / Angielski / Miękka / 2012 / 584 str.

Ronald W. Tank; Ronald W. Tank

Opis

This treatise is an outgrowth of a series of seminars and tutorials on selected legal aspects of geology that were offered to several generations of undergraduate students at Lawrence University. The offerings were in response to a keen interest in how the law and legal institutions relate to the professional geologist. Much of the student interest was undoubtedly sparked by the legal controversies as- sociated with the "environmental movement" that became so active during the 1970s and continues today to look to the law for the resolution of conflicting goals. Other students were interested in the role allocated to law by society in general, or were simply curious about law as a profession. Existing published material did not meet my needs, and I had to rely on "handouts" summarizing legal principles, reported appellate cases, and guest lectures from the county bar association. The more formally prepared course materials were edited by practicing attorneys and scholars in academia who encouraged me to seek a publisher who might make the materials available to a broader audience-an audience that might include not only students of the law but also the professional geologist, geological engineers, planners, policy- makers, and attorneys, whether in industry, government, education, or private practice, who want to know more about the relationship between law and geology.

Spis treści

I. Introduction to Basic Legal Concepts.- 1. The American Judicial System.- 2. Negligence and Absolute Liability.- 3. Nuisance.- 4. Real Property.- 5. Eminent Domain, Inverse Condemnation, and Police Power.- 6. The Public Trust Doctrine.- II. Water Rights Law.- 7. Water Regimes and Water Rights Doctrines.- 8. Surface Water in Watercourses.- 9. Diffused Surface Water.- 10. Subsurface Waters.- 11. Springs.- III. Mineral Law.- 12. Ore Genesis, Classification, and Exploitation.- 13. Federal Mining Laws.- 14. The Public Domain.- 15. Locatable, leasable, and salable minerals.- 16. Discovery of Locatable Minerals.- 17. Location of Mining Claims.- 18. Assessment Work.- 19. Patent Procedures.- 20. Mineral Leasing.- 21. Law of the Sea.- IV. Surficial Processes.- 22. Landslides and Subsidence.- 23. Accretion, Reliction, Erosion, and Submergence.- Appendices.- A. Legal Research and Source Materials.- B. Glossary of Terms.