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Land Use Law

University of Montana

Faculty Law Review Articles

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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 …


Takings, Torts, And Background Principles, Sandra B. Zellmer Jan 2017

Takings, Torts, And Background Principles, Sandra B. Zellmer

Faculty Law Review Articles

No abstract provided.


Cause For Rebellion? Examining How Federal Land Management Agencies & Local Governments Collaborate On Land Use Planning, Michelle Bryan Apr 2015

Cause For Rebellion? Examining How Federal Land Management Agencies & Local Governments Collaborate On Land Use Planning, Michelle Bryan

Faculty Law Review Articles

This Article examines how well federal agencies and local governments are collaborating in land use planning, with a particular focus on the West.26 Part I provides a brief overview of local government planning as well as the overarching National Environmental Policy Act (“NEPA”)27 requirements that apply to federal planning. Part II offers a comparative summary of the varied planning approaches across federal agencies, with a particular focus on the role that local governments can play in agency planning.28 Based on case studies and interviews with federal and local officials, Part III then recommends how to improve federal-local planning efforts so …


Assessing Institutional Ability To Support Adaptive, Integrated Water Resources Management, Sandra B. Zellmer, Christina Hoffman Jan 2013

Assessing Institutional Ability To Support Adaptive, Integrated Water Resources Management, Sandra B. Zellmer, Christina Hoffman

Faculty Law Review Articles

No abstract provided.


Sustaining Geographies Of Hope: Cultural Resources On Public Lands, Sandra B. Zellmer Jan 2002

Sustaining Geographies Of Hope: Cultural Resources On Public Lands, Sandra B. Zellmer

Faculty Law Review Articles

No abstract provided.