Coastal Law - LAW 303

Spring 2006

Professor - Daniel Suman, Marine Affairs & Policy, Rosenstiel

School of Marine & Atmospheric Science, University of Miami

Tel.: 305-421-4685, Fax: 305-421-4675,

E-mail: dsuman@rsmas.miami.edu

Course Meeting Times - TTh 9:30 - 10:50 a.m., Law F408

Office Hours - TTh 9:00 - 9:30 a.m. in the Law School Student Lounge. MW 1:00 - 4:00 at RSMAS in So. Grosvenor (RSMAS).

Other times by appointment.

Course Materials - Required books for the course are:

Coastal and Ocean Law, Kalo et al. (2002)

Recommended reading:

Coastal and Ocean Management Law, Christie (1994)

[Nutshell]

Attendance Policy - I require attendance for this class. More than four absences may negatively affect your grade. Please bring a photocopy of a small photo by Thursday, Jan. 18 to help me learn your names.

Grading Policy -

Take-Home Final Examination - 65%

Simulation Exercise - 25%

Class Participation - 10%

Course Description - This course examines competing interests in the U.S. coastal zone, problems of public and private ownership rights in the coastal zone, conflicts in legal jurisdiction between federal and state law, regulation of coastal development, and management of coastal resources.

Course Schedule -

PRIVATE LITTORAL & RIPARIAN RIGHTS

Class 1 - course introduction

Shivley v. Bowlby [HO]

Martin v. The Lessees of Waddell [HO]

Hughes v. Washington [HO]

Ford v. Turner [46]

Class 2 - Lummis v. Lilly [52]

McCarthy [57]

In re Protest of Mason [59]

Lee County [66]

Becker v. Litty [68]

Class 3 - Delaware Beaches [HO]

PUBLIC TRUST DOCTRINE

Class 4 - Phillips Petroleum [5]

Illinois Central [19]

Class 5 - Marks v. Whitney [HO]

Chicago Park District [29]

Caminitti [35]

NAVIGATION SERVITUDE

Class 6 - Lewis Blue Point Oyster [72]

Applegate [75]

Chandler-Dunbar [HO]

Class 7 - Kaiser Aetna [HO]

Colberg [HO]

PUBLIC ACCESS TO COASTAL LANDS

Class 8 - Matthews v. Bay Head Improvement Assn. [84]

Gion v. City of Santa Cruz [HO]

PROTECTING WATER QUALITY

Leslie Salt [106, 122]

Boothby [116]

Class 9 - Riverside Bayview Homes [130]

Graham v. Estuary Properties [HO]

Solid Waste Agency of No. Cook County [135]

Class 10 - Plantation [163]

Port Everglades case study [HO]

Biscayne Bay [HO]

COASTAL ZONE MANAGEMENT

Class 11 - API v. Knecht [198]

Taylor Decision [225]

Virginia Electric & Power [233]

Exxon [246]

Classes 12 & 13 - Simulation Exercise - Taboga [HO]

Video "Who Owns the Beach?" - Library Reserve

[Please view before March 21.]

TAKINGS & COASTAL DEVELOPMENT

Classes 14 & 15 -

Nollan [268]

Lucas [255]

SC Coastal Conservation League [278]

Kelo v. City of New London, Connecticut

Class 16 - Palazzolo [HO]

Conservancy [293]

Eastlake Community Council [288]

LAW OF THE SEA - JURISDICTIONAL ZONES

Classes 17 & 18 -

U.S. v. California [346]

U.S. v. Florida [HO]

Deep-Sea Research [365]

OFFSHORE OIL AND GAS

Classes 19 & 20 -

Tribal Village of Akutan [377]

Mobil Oil Exploration [401]

Union Oil Company [418]

FISHERIES

Class 21 - Florida Net Ban case study [Suman 69]

Fishermen's Dock Cooperative [451]

Class 22 - NRDC v. Daley [471]

Live Rock case study [Suman 47]

Class 23 - A.M.L. Intl. v. Daley [478]

Class 24 - Greenpeace v. NMFS [495]

Alliance against IFQs [518]

Class 25 - New York v. Evans [549]

Key West case study [OCM 15]

MARINE PROTECTED AREAS

Class 26 - PWIA v. DOC [791]

Jet Ski case study [Suman 133]

The Final Examination will be a take-home exercise. You may pick it up during the examination period and will have three days to work on your answers. Pick-up will be staggered for your convenience.