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Articles 31 - 60 of 65
Full-Text Articles in Law
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.
Scientists, Judges, And Spotted Owls: Policymakers In The Pacific Northwest, Brendon Swedlow
Scientists, Judges, And Spotted Owls: Policymakers In The Pacific Northwest, Brendon Swedlow
Duke Environmental Law & Policy Forum
No abstract provided.
Southern Utah Wilderness Alliance V. Norton: The Continuing Battle To Hold The Bureau Of Land Management Accountable For Off-Road Vehicle Damage, Nicholas J. Hilosky
Southern Utah Wilderness Alliance V. Norton: The Continuing Battle To Hold The Bureau Of Land Management Accountable For Off-Road Vehicle Damage, Nicholas J. Hilosky
Villanova Environmental Law Journal
No abstract provided.
“Traditional” Resource Uses And Activities: Articulating Values And Examining Conflicts In Alaska, Jennifer L. Tomsen
“Traditional” Resource Uses And Activities: Articulating Values And Examining Conflicts In Alaska, Jennifer L. Tomsen
Alaska Law Review
No abstract provided.
The Clash Of Stories At Chimney Rock: A Narrative Approach To Cultural Conflict Over Native American Sacred Sites On Public Land, Howard J. Vogel
The Clash Of Stories At Chimney Rock: A Narrative Approach To Cultural Conflict Over Native American Sacred Sites On Public Land, Howard J. Vogel
Santa Clara Law Review
No abstract provided.
Bear’S Lodge Or Devils Tower: Intercultural Relations, Legal Pluralism, And The Management Of Sacred Sites On Public Lands, Lloyd Burton, David Ruppert
Bear’S Lodge Or Devils Tower: Intercultural Relations, Legal Pluralism, And The Management Of Sacred Sites On Public Lands, Lloyd Burton, David Ruppert
Cornell Journal of Law and Public Policy
No abstract provided.
Don’T Fence Me In -- Appllication Of The Unlawful Inclosures Of Public Lands Act To Benefit Wildlife, Chandra Rosenthal, Kara Gillon
Don’T Fence Me In -- Appllication Of The Unlawful Inclosures Of Public Lands Act To Benefit Wildlife, Chandra Rosenthal, Kara Gillon
Animal Law Review
The Bureau of Land Management and the Forest Service manage millions of acres of public land across the United States. Most of this land seres more than one purpose-grazing, mining, recreation, timber, wildlife-and thus must remain available for these uses. Historically, the Unlaujul Inclosures Act (UIA) preserved access for ranchers and homesteaders. More recently, the UIA has also protected access for wildlife whose movements are impeded by fences or other illegal obstructions. This article argues that such protection should be extended to the Sonoran pronghorn antelope in the southnwestern United States.
The Ninth Circuit's Decision In Oregon Natural Desert Association V. Dombeck: Discharging Responsibility For Water Pollution On Federal Lands, Christina Marie Frankino
The Ninth Circuit's Decision In Oregon Natural Desert Association V. Dombeck: Discharging Responsibility For Water Pollution On Federal Lands, Christina Marie Frankino
Villanova Environmental Law Journal
No abstract provided.
Biodiversity And Land , Bradley C. Karkkainen
Biodiversity And Land , Bradley C. Karkkainen
Cornell Law Review
No abstract provided.
Tracking The Adc: Ranchers' Boon, Taxpayers' Burden, Wildlife's Bane, David Hoch, Will Carrington Heath
Tracking The Adc: Ranchers' Boon, Taxpayers' Burden, Wildlife's Bane, David Hoch, Will Carrington Heath
Animal Law Review
Approximately thirty five million dollars are spent each year by the Animal Damage Control division of the US Department of Agriculture to destroy predator animals that supposedly kill livestock. The methods by which the ADC kills these "predators" are appalling. Mr. Hoch argues that the funding for this program is excessive, irresponsible, and raises serious ethical questions. He concludes that ADC activities should be terminated immediately.
Where Do We Go From Here: The Federal Coal Leasing Amendments Act--Past, Present, And Future, Sam Kalen
Where Do We Go From Here: The Federal Coal Leasing Amendments Act--Past, Present, And Future, Sam Kalen
West Virginia Law Review
No abstract provided.
Bones Of Contention: The Regulation Of Paleontological Resources On The Federal Public Lands, David J. Lazerwitz
Bones Of Contention: The Regulation Of Paleontological Resources On The Federal Public Lands, David J. Lazerwitz
Indiana Law Journal
No abstract provided.
Environmental Law, Honorable Leon D. Lazer
Public Access Over Alaska Public Lands As Granted By Section 8 Of The Lode Mining Act Of 1866, Leroy K. Latta Jr.
Public Access Over Alaska Public Lands As Granted By Section 8 Of The Lode Mining Act Of 1866, Leroy K. Latta Jr.
Santa Clara Law Review
No abstract provided.
The Alaska Lands Act’S Innovations In The Law Of Access Across Federal Lands: You Can Get There From Here, Steven P. Quarles, Thomas R. Lundquist
The Alaska Lands Act’S Innovations In The Law Of Access Across Federal Lands: You Can Get There From Here, Steven P. Quarles, Thomas R. Lundquist
Alaska Law Review
No abstract provided.
The Law Of The American West: A Critical Bibliography Of The Nonlegal Sources, Charles F. Wilkinson
The Law Of The American West: A Critical Bibliography Of The Nonlegal Sources, Charles F. Wilkinson
Michigan Law Review
This article is an attempt to collect some of the books, fiction as well as nonfiction, that deal with the true sources of the law of the American West. My effort is only to identify readily available works, not the myriad government documents, diaries, doctoral theses, and out-of-print books that afford invaluable depth on individual topics. Nor is there any pretension to complete coverage. Inevitably, there will be omissions when the sweep is as broad as this article's. But I will omit none of my personal favorites, those many books that have enriched my life and allowed me one of …
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 …
Standing To Challenge The Disposition Of Land In Alaska: A Proposed Remedy For The Inadequacies In The Current Case Law, Michael C. Castellon
Standing To Challenge The Disposition Of Land In Alaska: A Proposed Remedy For The Inadequacies In The Current Case Law, Michael C. Castellon
Alaska Law Review
No abstract provided.
Interest Representation And The Federal Land Policy And Management Act, Michigan Law Review
Interest Representation And The Federal Land Policy And Management Act, Michigan Law Review
Michigan Law Review
The role of the BLM under the FLPMA, this Note argues, is accurately captured in the "interest representation" model of administrative law; judicial review under this model serves to vindicate the "participation rights" of parties interested in public lands management. Part I places the FLPMA in the context of other recent congressional reform efforts and attempts to justify heightened judicial scrutiny of the BLM's activities. To protect citizens' participation rights, it concludes, courts should recognize a limited right to initiate the planning and management provisions of the FLPMA. The Act, in other words, should be interpreted to comprehend "agenda forcing" …
American Indian Religious Freedom And Cultural Resources Management: Protecting Mother Earth's Caretakers, Dean B. Suagee
American Indian Religious Freedom And Cultural Resources Management: Protecting Mother Earth's Caretakers, Dean B. Suagee
American Indian Law Review
No abstract provided.
Coal Policy--Need It Be The West Against The Rest?, C. Peter Goplerud Iii, Duffy Ruimerman
Coal Policy--Need It Be The West Against The Rest?, C. Peter Goplerud Iii, Duffy Ruimerman
University of Michigan Journal of Law Reform
This Article will analyze the legal issues involved in this "West against the rest" conflict. While numerous areas of disagreement exist within the larger picture of Western-federal relations, the Article will focus on two specific issues of present concern. First, the Article will explore the role of the states under the Surface Mining Control and Reclamation Act of 1977. This section includes an analysis of recent litigation involving regulations promulgated by the Secretary of the Interior relating to the establishment of state mining programs. Second, the Article will address the imposition of state severance taxes on coal, with particular emphasis …
Reflections On The Exclusionary Zoning Of American Nature, A.E. Keir Nash
Reflections On The Exclusionary Zoning Of American Nature, A.E. Keir Nash
Michigan Law Review
Joseph Sax's Mountains Without Handrails: Reflections on the National Parks deserves more serious scrutiny than does the typical pro-wilderness treatise about the optimum future of our nation's public lands. That is because beneath its elegant form lies a unique argument. Sax's stated central aim is to test the core "preservationist" position concerning nonbusiness use of public lands to determine whether it is a position that Congress, administrative agencies, and the public "should be inclined to follow" (p. 3). The question is, given the "enormous growth of recreation in recent years" (p. 2), whether the national parks, forests, and deserts should …
National Parks And Self-Restraint, Peter Steinhart
National Parks And Self-Restraint, Peter Steinhart
Michigan Law Review
A Review of Mountains Without Handrails: Reflections on the National Parks by Joseph L. Sax
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, …
The California Possessory Interest Tax: A Time Honored Concept Gets A New Twist, James C. Martin
The California Possessory Interest Tax: A Time Honored Concept Gets A New Twist, James C. Martin
Santa Clara Law Review
No abstract provided.
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 …