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Natural Resources And The Ninth Circuit Split, Carl W. Tobias
Natural Resources And The Ninth Circuit Split, Carl W. Tobias
Law Faculty Publications
Congress recently considered some proposals to split the Ninth Circuit, proposals that could have far-reaching effects on the environment, public lands, and natural resources. This Article first looks at some of the recent developments in Congress, particularly the authorization of a national study commission to examine the federal appeals courts. Professor Tobias predicts that the Ninth Circuit will be split during the next decade. He cautions against using political considerations to conduct legislative policymaking with respect to thefederal courts. He suggests that those concerned about the environment gather reliable information and explore alternatives to circuit-splitting. If Congress decides to bifurcate …
The Proposal To Split The Ninth Circuit, Carl W. Tobias
The Proposal To Split The Ninth Circuit, Carl W. Tobias
Law Faculty Publications
Individuals and organizations concerned about natural resources should be aware of the recent controversial proposal to divide the United States Court of Appeals for the Ninth Circuit. During the first session of the 104th Congress in the fall of 1995, the United States Senate Judiciary Committee approved Senate Bill 956, a measure that would establish a new Twelfth Circuit consisting of Alaska, Arizona, Idaho, Montana, Nevada, Oregon, and Washington, and that would leave California, Hawaii, Guam, and the Northern Mariana Islands in the Ninth Circuit. The Judiciary Committee vote was important for two reasons: the circuit's division could substantially affect …