University of Baltimore School of Law COASTAL LAW. Fall Semester 2014 Instructor: Ren Serey. I am also available by:

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1 University of Baltimore School of Law COASTAL LAW Fall Semester 2014 Instructor: Ren Serey Course: Law 866 Thursday 4:45 p.m. 7:30 p.m. Room 204, Law Center Consultation: After class or by appointment. I am also available by: Phone: Fax: (cell) (office) (weekdays only) ren.serey@maryland.gov Course Requirements: There is no exam in the course. Each student is required to write a research paper on a topic relevant to coastal or ocean law, or legal or administrative policy. Paper topics must be approved. If you intend that the paper satisfy the Upper Level Research and Writing Requirement, the paper must be at least 25 pages double-spaced, with footnotes or endnotes single-spaced. If you do not intend that the paper satisfy the writing requirement, the paper must be at least 20 pages double-spaced, with footnotes or endnotes single-spaced. All students will present their papers to the class during the last two class sessions. Each presentation should be minutes.

2 Course Materials: There is no textbook for the course. Most of the required and Supplemental Materials are located on the TWEN site for the course. Other materials may be provided during individual class sessions. If the latter are required materials, they will be provided at least one week prior to the class session. The TWEN site contains all of the required cases. Most of these are excerpted; a few are provided in their entirety. The TWEN site also contains all other required reading and supplemental materials, except as noted above. However, not all materials, required or supplemental, are listed separately in the syllabus. Work on the research paper must meet the following schedule: Submission of topic: October 2, 2014 Submission of preliminary outline (1/2 1 page): October 16, 2014 Submission of rough draft by November 20, 2014 Drafts returned by November 26, 2014 Submission of final paper by December 12, 2014 (Last day of exams) When you your paper, you are responsible for checking with me to make sure I have been able to open it and print it. Please see me if you want to make other arrangements to deliver your paper. Attendance will be monitored according to the Law School s official Attendance Policy, which can be viewed at: The school s policy specifies that for a 3 credit course that meets once each week, such as Coastal Law, the allowed number of absences is 2. THE GRADE FOR THE COURSE WILL BE DETERMINED AS FOLLOWS: Course grade: Research paper: 75% Class participation: 25%* * Class participation means that you will complete all assignments and be actively engaged in class discussions. 2

3 Class Date Subject Assignment 1 August 21 Introduction and Overview 2 August 28 Coastal Trends Title to lands under coastal waters and introduction to the Public Trust Doctrine Supplemental Materials on TWEN site Phillips Petroleum v. Mississippi 484 U.S. 469 (1998) Navigable waters The Public Trust Doctrine and state authority over submerged lands (Some of this material will be continued into the next class.) Illinois Central Railroad v. Illinois 146 U.S. 387 (1892) Caminiti v. Boyle 107 Wash.2d 662 (1987) Esplanade Properties v. City of Seattle 307 F.3d 978 (9 th Cir.) (2002) 3

4 3 September 4 The Public Trust Doctrine (continued) Columbia Land Development v. Secretary of State Supreme Court of Mississippi 868 So.2d 1006 (2004) Ownership and disposition of tidelands in Maryland (Possibly continued into the next class.) 1) Board of Public Works: Kingfisher Land Company 2) Board of Public Works: Rukert Terminals 3) Maryland Commissioner of Land Patents (p. 1 first paragraph on p. 4; remainder optional) 4) Baltimore Maritime Center: March 10,

5 4 September 11 Riparian Rights: private property interests in coastal lands and waters; the rights of water access Ford v. Turner District Court of Appeal of Florida 142 So.2d 335 (1962) Lummis v. Lilly 385 Mass. 41 (1982) Dorrah v. McCarthy 265 Ga. 750 (1995) In Re Protest of Mason 78 N.C. App. 16 (1985) Becker v. Litty 318 Md. 76 (1989) Slavin v. Town of Oak Island 160 N.C. App. 57 (2003) Village of Harvey Cedars v. Karan Supreme Court of New Jersey July 8,

6 5 September 18 Riparian Rights (continued) Parts I, IV, V: Stop the Beach Renourishment v. Florida Dept. of Environmental Protection 130 S. Ct (2010) Harbor Island Marina v. Board of County Commissioners of Calvert County 286 Md. 303 (1979) The Navigation Servitude United States v. Certain Parcels of Land Situated in the City of Valdez 666 F.2d 1236 (9 th Cir.) (1982) 6

7 6 September 25 Introduction to Coastal Zone Management Federal Coastal Zone Consistency Water-dependent facilities Piers American Petroleum Institute v. Knecht U.S. District Court, C.D. Cal. 456 F.Supp. 889, aff d, 609 F.2d 1306 (9 th Cir.) (1979) Consistency Appeal of Broadwater Energy LLC (2009) Eastlake Community Council v. City of Seattle 64 Wash. App. 273 (1992) Kruger and Utz variances Kroger v. Department of Environmental Protection Supreme Judicial Court of Maine 870 A.2d 566 (2005) Boathouses; Covered slips Setbacks and Cliffs Serra v. Department of the Environment 133 Md. App. 643 (2000) Calvert County Zoning Ordinance 7

8 7 October 2 Takings Lucas v. South Carolina Coastal Council 505 U.S (1992) Koontz v. St. Johns River Water Management District 133 S.Ct (2013) Roberta Gove v. Zoning Board of Appeals of Chathan Supreme Judicial Court of Massachusetts 831 N.E.2d 865 (2005) Parts II, III: Stop the Beach Renourishment McQueen v. South Carolina Coastal Council 354 S.C. 142 (2003) Shore erosion control Maryland s Living Shorelines Act 8 South Carolina Conservation League v. S. C. Dept. of Health and Environmental Control South Carolina Court of Appeals 548 S.E. 2d 887 (2001) MD Env. Article, Section (c)

9 8 October 9 Federal and State jurisdiction over Coastal Waters; Submerged Lands Act; Law of the Sea; Authority over ocean resources The Tidelands Controversy and U.S. v. California (in textbook) Readings U.S. v. California 332 U.S. 19 (1947) U.S. v. Maine 420 U.S. 515 (1975) Ocean and coastal fisheries Marine Mammal Protection Act Marine Endangered Species (Some of this material may be continued into the next class.) Winter v. Natural Resources Defense Council 129 S.Ct. 365 (2008) Florida Marine Contractors v. U.S. Fish and Wildlife Service U.S. District Court, Middle District, Florida 378 F.Supp. 2d 1353 (2005) 9 October 16 Beach Access; prescriptive easements; implied dedication; customary rights Opinion of the Justices (Public Use of Coastal Beaches) 139 N.H. 82 (1994) Nollan v. California Coastal Commission 483 U.S. 825 (1987) 9 Clickner v. Magothy River Association, 424 Md. 253 (2012)

10 10 October 23 Special Coastal Problems 11 October 30 Chesapeake Bay and Maryland Coastal Issues (1) Supplemental Materials Clean Water Act: Total Maximum Daily Load for the Chesapeake Bay Maryland s Adaptation Plan for Climate Change 12 November 6 Chesapeake Bay and Maryland Coastal Issues (2) Supplemental Materials Chesapeake and Atlantic Coastal Bays Critical Area Act 13 November 13 Class Presentations 14 November 20 Class Presentations 10

11 A Sampling of Possible Research Paper Topics Can the law save the Chesapeake Bay? Maryland and Virginia responses to climate change and sea level rise; also: fisheries, crabbing, shore erosion control, nutrient loadings, property rights, takings. The federal government s pollution diet for the Chesapeake Bay. Coastal regulatory programs and recent takings cases: an analysis of trends and predictions for the future. After the Stop the Beach Renourishment and Koontz decisions, what s next for the Supreme Court? The Public Trust Doctrine and access to the beach: private property v. public rights. Wetlands regulation: Is it doing the job? An analysis of the U.S. Army Corps of Engineers and states authority (generally), and Maryland s authority in particular, following recent court opinions. The future of U.S. fisheries management under the Magnuson-Stevens Act; compare to recent trends and regulatory actions in Maryland and Virginia. Climate change and the eroding shoreline: private property rights v. public costs. After Hurricanes Katrina and Sandy, can Maryland, or any other state, truly adapt? Navigable waters and the reach of the definition over time: Is there a better way? Marine Mammals; Endangered Species: Who has rights and whose rights should control? The future of ocean resources: Can we manage anything effectively? How can we craft laws that will help? Is sustainability viable? Are the legal battles over wind power in the ocean really over? Can the Coastal Zone hold everyone? Will climate change make the answer irrelevant? What needs to be fixed?

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