ABSTRACT
This chapter provides the legislative framework of Protected Areas (PAs) in the US. The National Park System is governed by a long list of hierarchical legal documents ranging from the Constitution, international treaties and statutes to executive orders, regulations, directives and management policies. In addition to legislative mandates, common law plays a role in public land management. Two common-law doctrines are generally referenced: the public nuisance doctrine and the public trust doctrine (PTD). In addition to these statutory legislations, common law plays a role, albeit a controversial role, in public land management. Common-law principles are discussed, with a particular focus on the public trust doctrine. The aim of the National Environmental Policy Act (NEPA) is to ensure that the decisions made by federal agencies are environmentally sound. Instead of creating an elaborate regulatory scheme, the NEPA adopts an 'unusual strategy'. The Endangered Species Act (ESA) was enacted to protect America's endangered and threatened wildlife.
