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2019

Land Use Law

Faculty Law Review Articles

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Full-Text Articles in Law

Mitigating Malheur's Misfortune: The Public Interest In The Public's Public Lands, Sandra B. Zellmer Apr 2019

Mitigating Malheur's Misfortune: The Public Interest In The Public's Public Lands, Sandra B. Zellmer

Faculty Law Review Articles

The Article begins its inquiry with an in-depth look at the forty-one-day long standoff between armed militants and law enforcement officials at Malheur, which means "misfortune" in French. The occupation of the Refuge ended with one death and the prosecution of over two dozen individuals for trespass, destruction of government property, conspiracy, and related charges. It all began when the Hammonds, who held grazing permits on Bureau of Land Management ("BLM") land adjacent to the Refuge, were prosecuted for starting fires on federal land.1 The Hammonds' conviction for the incident might have been the end of the story, but another …