Law Commons^™

Fire And Federal Power: Defining The “Furthest Reaches” Of The Property Clause, Brett Lingle

Emory Law Journal

Wildfires pose an immense and escalating threat to national forests. In addition to rising temperatures and accumulating fuels, rapid development of the wildland-urban interface (WUI) has exacerbated wildfire risk by putting more people and property in harm’s way and increasing the likelihood of human-caused fires. While restrictions on WUI development would reduce wildfire risk, varying political and economic pressures have caused substantial variation in how local governments regulate the WUI. Some governments have implemented stringent regulations, while others have permitted unbridled expansion. Such disjointed regulation acutely impacts national forests because WUI homes and communities are often clustered around them. Thus, …

Public Lands And The Federal Government’S Compact-Based “Duty To Dispose”: A Case Study Of Utah’S H.B. 148 – The Transfer Of Public Lands Act, Donald J. Kochan

Donald J. Kochan

Recent legislation passed in March 2012 in the State of Utah — the “Transfer of Public Lands Act and Related Study,” (“TPLA”) also commonly referred to as House Bill 148 (“H.B. 148”) — has demanded that the federal government, by December 31, 2014, “extinguish title” to certain public lands that the federal government currently holds (totaling an estimated more than 20 million acres). It also calls for the transfer of such acreage to the State and establishes procedures for the development of a management regime for this increased state portfolio of land holdings resulting from the transfer. The State of …

Saving Special Places: Trends And Challenges With Protecting Public Lands [Outline], Robert B. Keiter

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

7 pages.

Includes bibliographical references

"Robert B. Keiter, Wallace Stegner Professor of Law, University of Utah, S.J. Quinney College of Law"

Some Preliminary Thoughts On Contrasts And Convergence In Environmental And Natural Resources Law, Karin P. Sheldon

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

16 pages.

Includes bibliographical references

Law Casebook Description And Table Of Contents: Constitutional Environmental And Natural Resources Law [Outline], Jim May, Robin Craig

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

6 pages.

"James May, Widener University School of Law" -- Agenda

Setting Boundaries For Extraterritorial Applications Of The Property Clause: An Assessment Of An Alternative Source Of Authority For Environmental Regulations, Cyril Robert Emery

Indiana Law Journal

No abstract provided.

The Power Of Congress "Without Limitation": The Property Clause And Federal Regulation Of Private Property, Peter A. Appel

Scholarly Works

Congress has overlooked a powerful tool for regulating within state jurisdictions: the Property Clause of the United States Constitution. The United States Government owns land in every state and approximately thirty percent of the total land in the United States. The federal government's authority to regulate its property within states derives from the Property Clause and has been described by the Supreme Court as "without limitation."

Professor Appel traces the historical development of the Constitution's Property Clause, from its pre-constitutional origins through modern Supreme Court decisions and academic conceptions. Professor Appel compares the narrow view of Property Clause scholarship - …

Constitutional And Congressional Requirements Directing Public Lands Decisionmaking, Joseph M. Feller

Who Governs the Public Lands: Washington? The West? The Community? (September 28-30)

15 pages.

Contains references.

Property Rights And Public Resources, Mark L. Pollot

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

4 pages.

Prior Appropriation And The Property Clause: A Dialogue Of Accommodation, Dale Goble

Articles

No abstract provided.

The National Park System And Development On Private Lands: Opportunities And Tools To Protect Park Resources, Michael Mantell

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

34 pages.

Contains footnotes.

Legal Issues Associated With Protecting Park Resources: Air Quality And Related Values, Molly N. Ross

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

109 pages.

Contains references.

Contains 5 attachments:

1) United States Department of the Interior Memorandum, September 20, 1985: Protection of National Park System Units from the Adverse Effects of Air Pollution.

2) Library of Congress Congressional Research Service Memorandum, November 19, 1985: Comments on Department of the Interior Memorandum of September 20, 1985 Entitled "Protection of National Park System Units from the Adverse Effects of Air Pollution."

3) United States Department of the Interior Memorandum, May 15, 1986: Legal Authority of the Secretary to Protect the Air Quality and Related Values of NPS Units from Adverse Impacts of Surface Coal …

The Myth Of The Classic Property Clause Doctrine, Dale Goble

Articles

No abstract provided.

Extent And Limits Of Federal Power [Outline], George A. Gould

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

3 pages.