Legal Aspects of Geology

1. Front Matter

   Pages i-xii

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2. Introduction to Basic Legal Concepts

   1. Front Matter

      Pages 1-1

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   2. The American Judicial System

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      Pages 3-16

   3. Negligence and Absolute Liability

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      Pages 17-22

   4. Nuisance

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      Pages 23-27

   5. Real Property

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      Pages 29-53

   6. Eminent Domain, Inverse Condemnation, and Police Power

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      Pages 55-69

   7. The Public Trust Doctrine

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      Pages 71-74

3. Water Rights Law

   1. Front Matter

      Pages 75-75

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   2. Water Regimes and Water Rights Doctrines

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      Pages 77-102

   3. Surface Water in Watercourses

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      Pages 103-189

   4. Diffused Surface Water

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      Pages 191-206

   5. Subsurface Waters

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      Pages 207-273

   6. Springs

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      Pages 275-280

4. Mineral Law

   1. Front Matter

      Pages 281-281

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   2. Ore Genesis, Classification, and Exploitation

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      Pages 283-293

   3. Federal Mining Laws

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      Pages 295-302

   4. The Public Domain

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      Pages 303-324

   5. Locatable, Leasable, and Salable Minerals

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      Pages 325-334

   6. Discovery of Locatable Minerals

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      Pages 335-367

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.

• education
• environment
• environmental movement
• geology
• growth

• Lawrence University, Appleton, USA

  Ronald W. Tank

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