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High Country Conservation Advocates V. United States Forest Service, 52 F. Supp. 3d 1174 (D. Colo. 2014), Kathryn S. Ore Aug 2015

High Country Conservation Advocates V. United States Forest Service, 52 F. Supp. 3d 1174 (D. Colo. 2014), Kathryn S. Ore

Public Land & Resources Law Review

High Country Conservation Advocates v. United States Forest Service concerns the United States Forest Service’s and the Bureau of Land Management’s authorizations of on-the-ground mining exploration activities in the Sunset Roadless Area of western Colorado. The United States District Court for the District of Colorado’s holding has far-reaching consequences for federal agencies’ analysis and disclosure of impacts on the climate under the National Environmental Policy Act (“NEPA”). In addition to bolstering the Plaintiffs’ recent successes at establishing legal standing to challenge federal agencies’ disclosures and analyses of impacts on the climate under NEPA, High Country is the first case to …


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 …


Legal Tools For Local Control Of Oil And Gas Development: Successes, Challenges, And Opportunities – Focusing On Select Eastern And Western U.S. States With Current And Potential Oil/Gas Development, Gabrielle M. Ostermayer Jan 2015

Legal Tools For Local Control Of Oil And Gas Development: Successes, Challenges, And Opportunities – Focusing On Select Eastern And Western U.S. States With Current And Potential Oil/Gas Development, Gabrielle M. Ostermayer

Graduate Student Theses, Dissertations, & Professional Papers

In response to the rise in unconventional oil and gas drilling and hydraulic fracturing, coupled with concerns over local environmental, social, and health impacts, and weak state regulatory oversight, many communities have chosen to assert zoning or regulatory control over oil and gas development. However, the legal framework that enables and constrains local government powers varies by state, based on diverse statutory and constitutional language as well as the preemption of local control by state agency regulations governing industry development. Through a series of case studies, this article identifies successful, legally defensible strategies for local control of oil and gas …