RENEWABLE RESOURCE POLICY : THE LEGAL-INSTITUTIONAL FOUNDATIONS

摘要

Review by Lee Wilson Attorney at Law, 506 W. Sycamore, Carbondale, IL 62901, USA. TEL: 618-549-6762. Adams, David A. RENEWABLE RESOURCE POLICY : THE LEGAL-INSTITUTIONAL FOUNDATIONS. Washington, D.C.: Island Press, 1993. 558 pp. US$75.95 cloth ISBN 1-55963-225-9(c). Recycled, acid-free paper. In today's ever shrinking world, it is not enough to view renewable resources from one point of view. Author David Adams correctly points out that [n]o longer does a scientific-technical-administrative background suffice for a natural resource manager. He or she must also have legal-political expertise (83). Adams tells us in his Preface to RENEWABLE RESOURCE POLICY that [a]n an analogy can be made between the resource manager and an athlete-- both must understand the rules of the game, the teams, and the players before they can effectively compete. From this vantage point, Adams offers readers an honest and serious look at renewable resource policy and delivers a compelling and thought-provoking work. Adams lays the foundation for his analysis in Chapter I by discussing three sources that form the basis of our modern legal system: the Judeo-Christian background most Americans share, the Roman Code of Justinian, and the Magna Carta of King John. He carefully explores each source and points out connections to present day law and policy. In Chapter II, we are reminded that we frequently forget [the] relationship [to] and the importance of constitutional law to natural resource management (29). Here, as a review of basic governmental powers, the author discusses each constitutional amendment and its relationship to natural resource policy. He goes over basic legal terms and does a commendable job of linking each one with natural resource policy. Public Domain is the topic of Chapter III. Adams begins by explaining that when the first European settlers reached the coast of North America, they found a society with little sense of land ownership. He then describes how Americans developed their concept of ownership of land and resources. The chapter includes accounts of the concept of federal land ownership and the evolution of public land policy. Adams carefully details how states carved from the public domain were never sovereign like the original colonies. This results in a distinction between those lands which are of public domain and those lands which may be termed public lands. He then discusses the system of public land surveys, land sales, land takes, and other forms of land disposal, all of which has led to land ownership as we know it today. The author also looks at some specific laws and regulations such as: The Forest Management Act of 1897, The Newlands Act of 1902, and The Taylor Grazing Act of 1934. In addition, the beginnings of the National Park Service, the National Forest System, and the Bureau of Land Management and their missions and responsibilities are discussed. In Chapter IV, Adams begins his task of investigating the many areas of natural resources. He begins by discussing Grazing Lands and then challenges each of the remaining areas: Forestlands and National Forests, Outdoor Recreation and National Parks, Wildlife and the National Refuge System, Wilderness, Soil Conservation, Water Law and Water Resource Protection, Fisheries, and the Coastal Zone. He also looks at the National Environmental Protection Act (NEPA) in relation to its roots, its troubles, and its victories.