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Articles 1 - 30 of 282
Full-Text Articles in Law
Intersectional Management: An Analysis Of Cooperation And Competition On American Public Lands, Robin M. Rotman, Abigail M. Hunt
Intersectional Management: An Analysis Of Cooperation And Competition On American Public Lands, Robin M. Rotman, Abigail M. Hunt
Faculty Publications
The United States government holds public lands in trust for the whole of the American people. This article focuses on National Monuments under the Antiquities Act. It argues that the federal government should renew its approach to the management of these lands by incorporating principles of environmental justice and long- term environmental viability. The article begins by examining the historical and legal foundations of federal lands in the United States, with a focus on the Antiquities Act. It then reflects on recent litigation and political controversy surrounding Bears Ears National Monument and Grand Staircase–Escalante National Monument, to illustrate how the …
An Expedition To The Public Lands: Public Lands Of The Mid-Atlantic Region, Madeleine G. Ulman
An Expedition To The Public Lands: Public Lands Of The Mid-Atlantic Region, Madeleine G. Ulman
CAFE Symposium 2023
This hypothetical "expedition" explores the complex history and managerial challenges of four different public lands in the Mid-Atlantic region: Pinelands National Reserve, Assateague Island National Seashore, Shenandoah National Park, and Monongahela National Forest. Additionally, the conceptual ideas of nature as commodity and nature as static or unpeopled in the context of public lands will be discussed in this expedition.
Book Review: Our Common Ground: A History Of America's Public Lands, Sandra B. Zellmer
Book Review: Our Common Ground: A History Of America's Public Lands, Sandra B. Zellmer
Natural Resources Journal
No abstract provided.
America's (Second) Best Idea: A Proposal For A Major Expansion Of The National Park System, Claire Gaposchkin
America's (Second) Best Idea: A Proposal For A Major Expansion Of The National Park System, Claire Gaposchkin
William & Mary Environmental Law and Policy Review
This Note will argue for a major expansion of the National Park Service and provide a framework for the implementation of such an expansion. Part I provides an overview of the National Park Service’s holdings and fundamental purpose and discusses how overcrowding negatively affects visitors, the resource, and the NPS mission, and argues for a stricter enforcement of the “impairment standard.” Part II outlines the way in which Congress and the president can create national parks. Part III proposes a major expansion of the national parks—both the expansion of existing park units and the creation of new ones—as the solution …
A Critical 21st Century Role For Public Land Management: Conserving 30% Of The Nation’S Lands And Waters Beyond 2030, Robert L. Glicksman, Sandra B. Zellmer
A Critical 21st Century Role For Public Land Management: Conserving 30% Of The Nation’S Lands And Waters Beyond 2030, Robert L. Glicksman, Sandra B. Zellmer
GW Law Faculty Publications & Other Works
The international goal of conserving 30 percent of the world’s lands and water to stave off the ravages of climate change and widespread species extinctions has come to the United States. The Biden Administration’s 30 by 30 Initiative commits the nation to placing 30 percent of its lands and waters in some kind of protected status by 2030. Because a substantial portion of the nation’s land base is owned by the federal government, 30 by 30 goals will be beyond reach if conservation commitments do not cover federal lands and resources. And because nearly 70 percent of the federal lands …
The Emerging Law Of Outdoor Recreation On The Public Lands, Robert B. Keiter
The Emerging Law Of Outdoor Recreation On The Public Lands, Robert B. Keiter
Utah Law Faculty Scholarship
Outdoor recreation is assuming a prominent role across the public lands, presenting the responsible federal agencies with difficult, new management challenges. Since World War II, recreational uses of public lands have been on a steady upward trajectory, which has only accelerated during this century. Today, an increasingly diverse array of outdoor activities, each pressing for greater access to the public domain, is spawning considerable controversy while raising corresponding environmental concerns. The outdoor recreation industry is now an economic powerhouse and, together with recreation participants, is becoming a notable political force. Curiously, prevailing law says very little about recreation on the …
The Carbon Storage Future Of Public Lands, Tara Righetti, Jesse Richardson, Kris Koski, Sam Taylor
The Carbon Storage Future Of Public Lands, Tara Righetti, Jesse Richardson, Kris Koski, Sam Taylor
Pace Environmental Law Review
To meet the climate and energy goals set forth by the Biden Administration and the Paris Agreement, the United States must dramatically reduce carbon emissions. Use of public lands for carbon dioxide removal activities, including carbon capture, utilization, and storage (CCUS), has the potential to advance carbon reduction goals and concurrently provide economic revitalization opportunities to communities dependent on fossil industries. Current federal law presents numerous challenges and opportunities associated with utilization of federal pore space for CCUS. Although federal grant programs and tax incentives encourage deployment of CCUS technologies, legal and land-management issues related to public lands have received …
Indigenizing Grand Canyon, Jason Anthony Robison
Indigenizing Grand Canyon, Jason Anthony Robison
Utah Law Review
The magical place commonly called the “Grand Canyon” is Native space. Eleven tribes hold traditional connections to the canyon according to the National Park Service. This Article is about relationships between these tribes and the agency—past, present, and future. Grand Canyon National Park’s 2019 centennial afforded a valuable opportunity to reflect on these relationships and to envision what they might become. A reconception of the relationships has begun in recent decades that evidences a shift across the National Park System as a whole. This reconception should continue. Drawing on the tribal vision for Bears Ears National Monument, this Article advocates …
The Blm’S Duty To Incorporate Climate Science Into Permitting Practices And A Proposal For Implementing A Net Zero Requirement Into Oil And Gas Permitting, John C. Ruple, Jamie Gibbs Please, Nada Wolff Culver
The Blm’S Duty To Incorporate Climate Science Into Permitting Practices And A Proposal For Implementing A Net Zero Requirement Into Oil And Gas Permitting, John C. Ruple, Jamie Gibbs Please, Nada Wolff Culver
Utah Law Faculty Scholarship
Almost one quarter of all U.S. carbon dioxide (CO2) emissions come from fossil fuels extracted from public lands, and these resources are managed by the Bureau of Land Management (BLM). This article argues that the BLM has a statutory duty to respond to climate change, which includes the duty to avoid exacerbating climate change. The article then moves the legal discussion from aspiration to action by proposing a legal strategy, using the existing legal framework, by which the BLM can achieve net zero emissions from all new mineral development activity. While the article focuses on oil and gas development, the …
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 …
Chapter 2: Western Public Land Law And The Evolving Management Landscape, John C. Ruple
Chapter 2: Western Public Land Law And The Evolving Management Landscape, John C. Ruple
Wallace Stegner Center for Land, Resources, and the Environment publications
Our nation’s history, and the history of the lands that we inhabit, are inextricably intertwined. Ranchers, miners, loggers, and intrepid homesteaders of the Old West embodies manifest destiny era ideals that set our nation on a trajectory which continues to shape the choices we make today. Laws enacted to speed westward expansion and resolve land ownership indelibly marked the Western landscape, where the vast majority of our public lands are found today.
The US government acquired the Western frontier with federal blood and treasure, and then enacted laws conveying much of that landscape to states, railroads, and the indomitable men …
Not Yet America's Best Idea: Law, Inequality, And Grand Canyon National Park, Sarah Krakoff
Not Yet America's Best Idea: Law, Inequality, And Grand Canyon National Park, Sarah Krakoff
Publications
Even the nation’s most cherished and protected public lands are not spaces apart from the workings of law, politics, and power. This Essay explores that premise in the context of Grand Canyon National Park. On the occasion of the Park’s 100th Anniversary, it examines how law — embedded in a political economy committed to rapid growth and development in the southwestern United States — facilitated the violent displacement of indigenous peoples and entrenched racialized inequalities in the surrounding region. It also explores law’s shortcomings in the context of sexual harassment and discrimination within the Park. The Essay concludes by suggesting …
Not Yet America's Best Idea: Law, Inequality, And Grand Canyon National Park, Sarah Krakoff
Not Yet America's Best Idea: Law, Inequality, And Grand Canyon National Park, Sarah Krakoff
University of Colorado Law Review
No abstract provided.
Streamlining Or Steamrolling: Oil And Gas Leasing Reform On Federal Public Lands In The Trump Administration, Marcilynn A. Burke
Streamlining Or Steamrolling: Oil And Gas Leasing Reform On Federal Public Lands In The Trump Administration, Marcilynn A. Burke
University of Colorado Law Review
No abstract provided.
Ecosystem Services And Federal Public Lands: A Quiet Revolution In Natural Resources Management, J.B. Ruhl, James Salzman
Ecosystem Services And Federal Public Lands: A Quiet Revolution In Natural Resources Management, J.B. Ruhl, James Salzman
University of Colorado Law Review
The major federal public land management agencies (the Forest Service, Bureau of Land Management, Park Service, Fish & Wildlife Service, and Department of Defense) have increasingly adopted a language that did not exist twentyfive years ago-the language of ecosystem services. Ecosystem services are the range of benefits that ecological resources provide to humans, from water purification and pollination to carbon sequestration and wildlife habitat. The scientific discipline advancing the ecosystem services framework arose in the mid-1990s and quickly became a central strategy for fusing ecology and economics research. Despite its ascendance in research communities, the recognition and conservation of ecosystem …
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 …
Rethinking Public Land Use Planning, Mark Squillace
Rethinking Public Land Use Planning, Mark Squillace
Publications
The public land use planning process is broken. The land use plans of the principal multiple-use agencies—the United States Forest Service and the Bureau of Land Management (“BLM”)—are unnecessarily complex, take too long to complete, monopolize the time and resources of public land management agency staffs, and fail to engage the general public in any meaningful way. Moreover, the end result is too often a plan that is not sufficiently nimble to respond to changing conditions on the ground, a problem that appears to be accelerating due to climate change.
It might seem easy to chalk up these problems to …
Understanding The Complicated Landscape Of Civil War Monuments, Jessica Owley, Jess Phelps
Understanding The Complicated Landscape Of Civil War Monuments, Jessica Owley, Jess Phelps
Articles
This essay examines the controversy regarding confederate monuments and attempts to contextualize this debate within the current preservation framework. While much attention has been paid to this topic over the past year, particularly with regard to "public" monuments, such discussion has generally failed to recognize the varied and complicated property law layers involved which can fundamentally change the legal requirements for modification or removal. We propose a spectrum or framework for assessing these resources ranging from public to private, and we explore the messy space in-between these poles where most monuments actually fall. By highlighting these categories, we provide an …
2009 - Research In The Land Entry Files Of The General Land Office, Reference Information Paper 114
2009 - Research In The Land Entry Files Of The General Land Office, Reference Information Paper 114
National Archives Documents
National Archives and Records Administration (NARA) has custody of the land entry case files for the 30 Federal public land states. There are case files for all states in the United States except the original 13 states. This publication is intended to provide an overview of the land entry files held at the National Archives Building and an introduction to research in them.
1927- Digest Of Decisions Of The Department Of The Interior In Cases Relating To The Public Lands, Part 2, Volumes 1 To 50, Inclusive
US Government Legislation and Statutes
Compilation of the decisions of the Department of Interior and General Land Office concerning the administration of the United States public land laws.
1885 - Decisions Of The Department Of Interior And General Land Office From July 1884 To June 1885
1885 - Decisions Of The Department Of Interior And General Land Office From July 1884 To June 1885
US Government Legislation and Statutes
A compilation of the decisions of the Department of Interior and General Land Office concerning the administration of the United States public land laws.
1897 - Decisions Of Department Of Interior And General Land Office From January 1897 To June 1897
1897 - Decisions Of Department Of Interior And General Land Office From January 1897 To June 1897
US Government Legislation and Statutes
A compilation of the decisions of the Department of Interior and General Land Office concerning the administration of the United States public land laws.
1904 - Decisions Of The Department Of Interior And General Land Office From January 1904 Through May 1904
US Government Legislation and Statutes
A compilation of the decisions of the Department of Interior and General Land Office concerning the administration of the United States public land laws.
1928 - Digest Of Decisions Of The Department Of The Interior In Cases Relating To The Public Lands (Indian Matters Included), Part I, Volumes 41-51, Inclusive
US Government Legislation and Statutes
Compilation of the decisions of the Department of Interior and General Land Office concerning the administration of the United States public land laws.
1897 - Digest Of Decisions Of The Department Of The Interior An General Land Office In Cases Relating To The Public Lands; Volumes 1 To Xxii Inclusive
US Government Legislation and Statutes
Compilation of the decisions of the Department of Interior and General Land Office concerning the administration of the United States public land laws.
1900 - Decisions Of The Department Of Interior And General Land Office From July 1, 1899 To April 30, 1900
US Government Legislation and Statutes
A compilation of the decisions of the Department of Interior and General Land Office concerning the administration of the United States public land laws.
1901 - Decisions Of The Department Of Interior And General Land Office From May 1, 1900 To June 30, 1901
US Government Legislation and Statutes
A compilation of the decisions of the Department of Interior and General Land Office concerning the administration of the United States public land laws.
1898 - Decisions Of The Department Of Interior And General Land Office From July 1897 To December 1897
US Government Legislation and Statutes
A compilation of the decisions of the Department of Interior and General Land Office concerning the administration of the United States public land laws.
1894 - Decisions Of Department Of Interior And General Land Office From July 1, 1893 To December 31, 1893
US Government Legislation and Statutes
A compilation of the decisions of the Department of Interior and General Land Office concerning the administration of the United States public land laws.