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Full-Text Articles in Law
U.S. Forest Service V. Cowpasture River Preservation Ass'n., Taylor A. Simpson
U.S. Forest Service V. Cowpasture River Preservation Ass'n., Taylor A. Simpson
Public Land & Resources Law Review
The United States Supreme Court ruled in favor of the United States Forest Service and Atlantic Coast Pipeline, LLC, a company who planned to construct a natural gas pipeline under a section of the Appalachian National Scenic Trail within the George Washington National Forest. The legal battle sought to clarify whether the United States Forest Service had the authority to grant the pipeline builder a right-of-way across the Appalachian Trail. The Court ruled that the National Park Service holds an easement for administering the Appalachian Trail, but the land over which the trail crosses remains under the jurisdiction of the …
This Land Is Your Land, This Land Is Mined Land: Expanding Governmental Ownership Liability Under Cercla, Kiersten E. Holms
This Land Is Your Land, This Land Is Mined Land: Expanding Governmental Ownership Liability Under Cercla, Kiersten E. Holms
Washington and Lee Law Review
Part II of this Note begins by providing a brief overview of the background and goals of CERCLA. Part II also provides an examination of the issue of ownership liability under CERCLA and recounts the federal courts’ difficulty in applying ownership liability. Part II then describes how the federal government’s “bare legal title” argument arose out of the confusion surrounding ownership liability in CERCLA litigation. Part III moves on to examine the recent trend in CERCLA litigation rejecting the federal government’s bare legal title argument, thus holding the federal government liable as an owner based on its possession of legal …
The Transformation Of The Antiquities Act: A Call For Amending The President’S Power Regarding National Monument Designations, Andrew Diaz
Golden Gate University Law Review
Part I of this Comment discusses the background of the Antiquities Act, including: the legislature’s intent in drafting the Act, changes to the law, and how it has been used throughout the years. This section then discusses various legal challenges to designations made under the Antiquities Act and looks at why these designations are sometimes controversial. Part II discusses the calls by many politicians to either amend or repeal the Act and explains why current proposed legislation is insufficient. This Comment critiques the proposed legislation and calls for the passage of sensible legislation that would require a more transparent designation …
Highway Culverts, Salmon Runs, And The Stevens Treaties: A Century Of Litigating Pacific Northwest Tribal Fishing Rights, Ryan Hickey
Public Land & Resources Law Review
Isaac Stevens, then Superintendent of Indian Affairs and Governor of Washington Territory, negotiated a series of treaties with Indian tribes in the Pacific Northwest during 1854 and 1855. A century and a half later in 2001, the United States joined 21 Indian tribes in filing a Request for Determination in the United States District Court for the District of Washington. Plaintiffs alleged the State of Washington had violated those 150-year-old treaties, which remained in effect, by building and maintaining culverts under roads that prevented salmon passage. This litigation eventually reached the Ninth Circuit Court of Appeals, which held in favor …
Collaboration Through Nepa: Achieving A Social License To Operate On Federal Public Lands, Temple Stoellinger, L. Steven Smutko, Jessica M. Western
Collaboration Through Nepa: Achieving A Social License To Operate On Federal Public Lands, Temple Stoellinger, L. Steven Smutko, Jessica M. Western
Public Land & Resources Law Review
As demand and consumption of natural gas increases, so will drilling operations to extract the natural gas on federal public lands. Fueled by the shale gas revolution, natural gas drilling operations are now frequently taking place, not only in the highly documented urban settings, but also on federal public lands with high conservation value. The phenomenon of increased drilling in sensitive locations, both urban and remote, has sparked increased public opposition, requiring oil and gas producers to reconsider how they engage the public. Oil and gas producers have increasingly deployed the concept of a social license to operate to gain …
Public-Private Conservation Agreements And The Greater Sage-Grouse, Justin R. Pidot
Public-Private Conservation Agreements And The Greater Sage-Grouse, Justin R. Pidot
Public Land & Resources Law Review
In 2015, the Obama Administration announced its conservation plans for the greater sage-grouse, an iconic bird of the intermountain west.Political leadership at the time described those plans as the “largest landscape-level conservation effort in U.S. history,”and they served as the foundation for a decision by the U.S. Fish and Wildlife Service (“FWS”) that a listing of the bird was not warranted under the Endangered Species Act (“ESA”). The Trump Administration appears poised to substantially amend the plans, although an array of interested parties have urged that the plans be left intact. Regardless of the outcome of this debate, conservation of …
Streamlining The Production Of Clean Energy: Proposals To Reform The Hydroelectricity Licensing Process, Travis Kavulla, Laura Farkas
Streamlining The Production Of Clean Energy: Proposals To Reform The Hydroelectricity Licensing Process, Travis Kavulla, Laura Farkas
Public Land & Resources Law Review
Hydroelectric power is an efficient and clean source of power. In an era when air emissions dominate public concern about the environmental effects of the energy sector, it is a paradox that among the most highly regulated energy projects are hydroelectric dams, which do not combust fuel. This is partly due to a failure of successive statutory enactments,which have transformed hydroelectric licensing from a regulatory “one-stop shop” with a single regulator, to a process chained to a bewilderingnumber of often conflicting regulatory agencies, often riven with delay. Hydroelectric licensing has also failed because its capacious standard of review encourages special-interest …
Treating The Blue Rash: Win-Win Solutions And Improving The Land Exchange Process, Smith Monson
Treating The Blue Rash: Win-Win Solutions And Improving The Land Exchange Process, Smith Monson
Utah Law Review
The history of public land laws from disposal to retention has created a fragmented ownership in the West. The school land grants led to a spotty pattern of state trust land ownership. This in turn creates conflict between the mandates of federal agencies—whose mandate is to protect environmentally sensitive areas—and state trust land authorities—whose mandate is to generate revenues for their beneficiaries. Both mandates promote important public interests.
Legislative land exchanges present potential win-win solutions for extricating state trust lands from within federal conservation areas, but they require a process that is too long and onerous. However, by improving the …
The Practical Effects Of Delegation: Agencies And The Zoning Of Public Lands And Seas, Josh Eagle
The Practical Effects Of Delegation: Agencies And The Zoning Of Public Lands And Seas, Josh Eagle
Pepperdine Law Review
Legislative efforts to delegate zoning power to public land and ocean management agencies have generally proven unsuccessful. When given the power to create uniform-use areas such as parks and wilderness areas within their broader jurisdictions, agencies either have opted not to exercise it or have been extremely hesitant to do so. The tepid administrative response to zoning is not surprising. Zoning decisions are politically charged, are likely to offend powerful, concentrated interest groups, and erode the discretion that is the core of agency power. These aspects of zoning decisions explain why, by contrast, all states require that municipal zoning ordinances …
Executive Power And The Public Lands, Harold H. Bruff
Executive Power And The Public Lands, Harold H. Bruff
University of Colorado Law Review
No abstract provided.
Re-Examining The Governing Framework Of The Public Lands, Daniel Kemmis
Re-Examining The Governing Framework Of The Public Lands, Daniel Kemmis
University of Colorado Law Review
No abstract provided.
Cooperative Conservation: The Federalism Underpinnings To Public Involvement In The Management Of Public Lands, Robert D. Comer
Cooperative Conservation: The Federalism Underpinnings To Public Involvement In The Management Of Public Lands, Robert D. Comer
University of Colorado Law Review
No abstract provided.
Settling The Wilderness, Sarah Krakoff
Settling The Wilderness, Sarah Krakoff
University of Colorado Law Review
No abstract provided.
The Property Clause: As If Biodiversity Mattered, Dale D. Goble
The Property Clause: As If Biodiversity Mattered, Dale D. Goble
University of Colorado Law Review
No abstract provided.
The Property Clause And New Federalism, Allison H. Eid
The Property Clause And New Federalism, Allison H. Eid
University of Colorado Law Review
No abstract provided.
Environmental Law, Honorable Leon D. Lazer
Current Issues Relating To Emergency Federal Coal Leasing, David B. Pariser
Current Issues Relating To Emergency Federal Coal Leasing, David B. Pariser
West Virginia Law Review
No abstract provided.
American Indian Sacred Religious Sites And Government Development: A Conventional Analysis In An Unconventional Setting, Mark S. Cohen
American Indian Sacred Religious Sites And Government Development: A Conventional Analysis In An Unconventional Setting, Mark S. Cohen
Michigan Law Review
For centuries, American Indians have regarded specific lands as essential to their livelihood, government, culture, and religion. Congress and the courts have at times recognized the important relationship between tribes and their lands. Recognition has not always coincided with protection; during the nineteenth century and part of the twentieth century a series of governmental actions resulted in the tribes surrendering title and possession to many of their ancestral lands. Recently, however, American Indians have become increasingly active litigants in a variety of contexts. In one set of cases, Indians challenged government development projects on public lands, contending that because the …
A New Program For The Management Of Federal Coal Reserves, Guy R. Martin
A New Program For The Management Of Federal Coal Reserves, Guy R. Martin
West Virginia Law Review
No abstract provided.
The Federal Coal Leasing Waltz, Brian E. Mcgee, Gerald E. Dahl
The Federal Coal Leasing Waltz, Brian E. Mcgee, Gerald E. Dahl
West Virginia Law Review
Few Americans will deny that if we are not already immersed in an energy crisis, we are at least on the brink of a very serious energy crunch. Consequently, it is critical that we reassess our present and future energy resources, our escalating consumption of finite reserves, and. our commitment to energy conservation. Pivotal to such an assessment is the development of our nation's vast western coal deposits and the vital part that federal coal can play in this tableau. Just one short year ago, the nation was primed to embark upon a new era of federal coal leasing as …
Proprietary Duties Of The Federal Government Under The Public Land Trust, Michigan Law Review
Proprietary Duties Of The Federal Government Under The Public Land Trust, Michigan Law Review
Michigan Law Review
This Note examines one mechanism by which the courts might supervise public land administration: the common-law public land trust. It contends that by implementing this trust, which is a means of enforcing the government's responsibility for property held in a proprietary capacity, the courts can rectify their neglect of the public lands without overstepping the boundaries of permissible judicial involvement. The trust doctrine is particularly valuable in this context because it is a source of substantive standards in situations where statutes provide little guidance. Vitalization of the public land trust, which is distinct from the more commonly known public trust, …
Helpless Giants: The National Parks And The Regulation Of Private Lands, Joseph L. Sax
Helpless Giants: The National Parks And The Regulation Of Private Lands, Joseph L. Sax
Michigan Law Review
While intrusive private activities have increased all around them, park managers have stood by nervously, sensing that they were caring for helpless giants. The Park Service is aware that Congress has given it very little explicit authority to regulate private lands, but underlying Park Service hesitancy to act is a more profound concern about the constitutional power of the federal government to control private land uses near and within the parks. These constitutional doubts, though largely misconceived, arise out of a complex set of issues that need to be clarified. This article first describes current administrative practice and existing legislation …
Improved Policy Making For The Multiple Use Of Public Lands, Christopher J. Dunsky
Improved Policy Making For The Multiple Use Of Public Lands, Christopher J. Dunsky
University of Michigan Journal of Law Reform
The purpose of this article is to analyze the failure of past legislative attempts to define public land policy effectively, to examine current proposals for change, and to present an alternative proposal for a clearer statutory definition of policy.
Sovereign Immunity And Nonstatutory Review Of Federal Administrative Action: Some Conclusions From The Public-Lands Cases, Antonin Scalia
Sovereign Immunity And Nonstatutory Review Of Federal Administrative Action: Some Conclusions From The Public-Lands Cases, Antonin Scalia
Michigan Law Review
The purpose of the present Article is not to propose yet another route toward logical reconciliation of the sovereign-immunity cases; but, on the contrary, to urge general acceptance of the fact that such reconciliation is, and will probably remain, unattainable; to explain why this is so; and to suggest why it is not so bad. This modest goal will be attempted through a detailed examination of two recent Supreme Court cases and their most pertinent antecedents.