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Problem Memo #2: Public Trust Doctrine
Problem
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Directions:
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Assume you are the planner in Wrightsville
Beach. The Coast Guard station at the south end of the Island has
applied for a permit from the Army Corps of Engineers (COE) for
maintenance dredging in the Intercoastal Waterway in front of the Coast
Guard Station. The Coast Guard last received a permit from the COE
in 1990 to dredge the channel. In both cases, the Coast Guard argued that
the project was necessary to improve navigation, which in turn advances
interstate commerce while protecting public health and safety. They
also argued in their permit application that there would be negligible
environmental effects. |
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Several landowners adjacent to the Coast
Guard station with property on the Intercoastal Waterway have opposed the
permit and filed a lawsuit to block the permit. The land owner's
property is bulkheaded and their property deeds end at the bulkhead.
Historically, there was a small beach area in front of the bulkhead
consisting of sand that had accreted prior to the 1990 dredging of the
canal. The landowners claim that the beach area began eroding after
the canal was dredged and fear that the current proposal will eliminate
the beach area entirely. The landowners have asked the Town of
Wrightsville Beach to join in the lawsuit opposing the COE
permit. |
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The Town Manager is concerned about this
issue and is unclear on what advice to provide the Town Council. The
Town Manager has asked you to analyze the issue. She wants to know
who owns the beach area in question and on what grounds could the
landowners and/or Wrightsville Beach challenge the Coast Guard
permit. Regardless of the legal issues, she is also interested in
whether the town should support or oppose the dredging on policy
grounds. |
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Web Resources
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Written Format
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This assignment should take the form of memo.
It is limited to 3 single-spaced, 12 point font pages, with 1 inch margins
and must be in a standard memo format (most word processing software has
templates). The reason that a memo format is required is that it is
the standard means of communication in the world of business and
government. Thus, this assignment will help develop your ability to
analyze policy questions and to think, act, and communicate more
effectively about environmental issues and problems. |
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Grading
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Your memos will be evaluated based on your analysis of the
problem,
the organization of your ideas, your ability to properly apply the
theories, concepts, and legal precedents discussed in class and the quality of your writing
(e.g., spelling, grammar, punctuation, etc.). Your goal is to
write as clearly, concisely, and directly as possible. Elegance of
style, while desirable, is a secondary consideration. Short
declarative sentences often convey ideas equally well; convoluted grammar confuses
things and often leads to misunderstandings. Remember that you are
trying to convey your ideas to people who have infinite demands on their
time. A simple, direct style economizes on time. |
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