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Full-Text Articles in Law
The Story Of Kleppe V. New Mexico: The Sagebrush Rebellion As Un-Cooperative Federalism, Robert L. Fischman, Jeremiah Williamson
The Story Of Kleppe V. New Mexico: The Sagebrush Rebellion As Un-Cooperative Federalism, Robert L. Fischman, Jeremiah Williamson
Articles by Maurer Faculty
The story of Kleppe v. New Mexico dramatizes how assertion of federal power advancing national conservation objectives collided with traditional, local economic interests on public lands in the 1970s. This article connects that history with current approaches to natural resources federalism. New Mexico challenged the Wild Free-Roaming Horses and Burros Act, which diminished both state jurisdiction and rancher influence over public rangelands. In response, the Supreme Court resoundingly approved federal authority to reprioritize uses of the public resources, including wildlife, and spurred a lasting backlash in the West. Further legislation passed in the wake of Kleppe transformed this unrest into …
Reflections On The Tenth Anniversary Of The Refuge Improvement Act, Robert L. Fischman
Reflections On The Tenth Anniversary Of The Refuge Improvement Act, Robert L. Fischman
Articles by Maurer Faculty
No abstract provided.
The Meanings Of Biological Integrity, Diversity, And Environmental Health, Robert L. Fischman
The Meanings Of Biological Integrity, Diversity, And Environmental Health, Robert L. Fischman
Articles by Maurer Faculty
This article extracts from the legislative mandate to "ensure that the biological integrity, diversity, and environmental health of the [Refuge] System are maintained," a range of meanings that reflect scientific and legislative trends in conservation. The standard modes of statutory interpretation yield meanings that largely support the 2001 Fish and Wildlife Service policy delineating three distinct yet overlapping categories. The analysis reveals three insights applicable to other areas of environmental law. First, although diversity and health emphasize important aspects of nature protection, integrity is becoming the umbrella concept that encompasses the needs of well functioning landscapes. Second, the effectiveness of …