Natural Resources and Natural Law Part I: Prior Appropriation

University of Utah College of Law Research Paper No. 244

Forthcoming 60 William & Mary Law Review ___ (2018)

80 Pages Posted: 16 Feb 2018 Last revised: 5 Apr 2018

See all articles by Robert W. Adler

Robert W. Adler

University of Utah - S.J. Quinney College of Law

Date Written: February 15, 2018

Abstract

In recent years there has been a resurgence of civil disobedience over public land policy in the West, sometimes characterized by armed confrontations between ranchers and federal officials. This trend reflects renewed assertions that applicable positive law violates the natural rights (sometimes of purportedly divine origin) of ranchers and other land users, particularly under the prior appropriation doctrine and grounded in Lockean theories of property. At the same time, Native Americans and environmental activists on the opposite side of the political-environmental spectrum have also relied on civil disobedience to assert natural rights to a healthy environment, based on public trust and other principles. This article explores the legitimacy of natural law assertions that prior appropriation justifies private property rights in federal grazing resources. A companion article will evaluate the legitimacy of public trust and related assertions of natural law to support environmental protection.

Keywords: natural resources, natural law, prior appropriation, public lands, public trust doctrine, civil disobedience, grazing

Suggested Citation

Adler, Robert W., Natural Resources and Natural Law Part I: Prior Appropriation (February 15, 2018). University of Utah College of Law Research Paper No. 244, Forthcoming 60 William & Mary Law Review ___ (2018), Available at SSRN: https://ssrn.com/abstract=3124428 or http://dx.doi.org/10.2139/ssrn.3124428

Robert W. Adler (Contact Author)

University of Utah - S.J. Quinney College of Law ( email )

332 S. 1400 East Room 101
Salt Lake City, UT 84112-0730
United States

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