Law Commons^™

Native Ecosystems Council V. Marten, Rebecca A. Newsom

Public Land & Resources Law Review

In Native Ecosystems Council v. Marten, the Ninth Circuit found that the United States Forest Service did not violate the Endangered Species Act, National Forest Management Act, or National Environmental Policy Act, when it proposed the Lonesome Wood Vegetation Management 2 Project in the Gallatin National Forest of Montana, even though the decision was inconsistent with the United States Forest Service’s reports. The Ninth Circuit’s holding demonstrated the wide amount of deference the courts will give the Forest Service when determining the best available scientific data.

Pit River Tribe V. Bureau Of Land Management, 793 F.3d 1147 (9th Cir. 2015), Kathryn S. Ore

Public Land & Resources Law Review

In Pit River Tribe v. Bureau of Land Management, the United States Court of Appeals for the Ninth Circuit explained the correct application of the zone of interests test and further solidified the importance of proper NEPA and NHPA analysis in geothermal leasing. The court reaffirmed that the BLM and the Forest Service must conduct additional cultural and environmental analysis when granting lease extensions under the Geothermal Steam Act. Furthermore, it rejected the BLM’s decision to grant forty-year lease continuations to unproven geothermal leases by treating them as a unit rather than individually.

Slides: Practicing Sustainability In Natural Resource Industries, Gary D. Libecap

Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28)

Presenter: Gary D. Libecap, Bren School of Environmental Science and Management and Economics Department, University of California, Santa Barbara, National Bureau of Economic Research (NBER)

10 slides

Agenda: Celebrating The Great Law: The Wilderness Act At 50, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, The Wilderness Society

Celebrating the Great Law: The Wilderness Act at 50 (September 4-5)

"A conference sponsored by the Getches-Wilkinson Center for Natural Resources, Energy, and the Environment and The Wilderness Society."

On September 3, 2014, the National Wilderness Preservation System—established and protected by the Wilderness Act of 1964—celebrates its 50th anniversary. We are gathering on September 4th and 5th to celebrate Wilderness—“ornery old wilderness, scratchy, sweaty, and distant, but sacred every step of the way”—and to commemorate the great law so central to its protection.

This is not an ordinary conference, full of dry presentations or heated policy debates. Instead, this will be a full-throated love song to wild country. We have brought …

Grazing In Wilderness Areas, Mark Squillace

Publications

Domestic livestock grazing is naturally in tension with wilderness. Wilderness areas are not truly "untrammeled by man" when they host managed livestock grazing. Yet the compromise that allowed livestock grazing in wilderness areas was surely one of the greatest in the history of the conservation movement. Without it, Congress might never have passed a wilderness bill or designated countless wilderness areas throughout the country. The grazing exception--and the Congressional Grazing Guidelines that afford specific protections for grazers--made it possible to secure bipartisan support for wilderness bills in even the most conservative western states.

Notwithstanding this success, the ecology of some …

Background Reading: Department Of Agriculture, 2013 Budget Overview, United States. Forest Service, United States. Department Of Agriculture

The Future of Natural Resources Policy (December 6)

57 pages.

"Fiscal Year 2013 Budget Overview"

"February 2012"

"Background Reading"

The Future of Natural Resources Policy: This forum will provide a post-election perspective on some of the challenges and opportunities that natural resources, public lands, and energy policymakers in Washington are likely to face in the next four years. An expert panel will discuss the dynamics in the Department of the Interior, the Department of Agriculture, and Congress, and how their evolving policies are likely to affect Colorado in the coming years.

Slides: Air Monitoring And Litigation Update, John Jacus

Air Quality Impacts from Oil and Gas Development (January 27)

Presenter: John Jacus, Partner, Davis Graham & Stubbs LLP, reviews recent litigation aimed at oil and gas development activities with respect to air emissions impacts, and also several recent and ongoing studies and ambient monitoring efforts focused upon air emissions from oil and gas activities

23 slides

Heeding The Clarion Call For Sustainable, Spiritual Western Landscapes: Will The People Be Granted A New Forest Service?, Charles Wilkinson, Daniel Cordalis

Publications

No abstract provided.

Slides: Climate Change Adaptation And The Federal Lands, Robert L. Glicksman

The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)

Presenter: Robert L. Glicksman, J.B. and Maurice C. Shapiro Professor of Environmental Law, George Washington University Law School (Washington, D.C.)

12 slides

You Drank My Milkshake! Accusations Of Water Rights Takings In Estate Of Hage V. United States, Holly E. Cheong

Nevada Law Journal

This Note examines both the physical and regulatory takings of water rights found in Estate of Hage and provides an analysis of how takings law should apply to water rights. Part II of this Note provides a brief background of takings law under the Fifth Amendment of the Constitution with a focus on case law involving water rights. Parts III and IV review the history of the Estate of Hage case and focus on the recent Estate of Hage decision, including Judge Smith's logic for finding that there was a taking of water rights. In Part V, this Note analyzes …

Slides: Forest And Rangeland Planning, Nepa Analysis And Decisions, Glenn Casamassa

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Glenn Casamassa, Forest Supervisor, Arapahoe-Roosevelt National Forest

17 slides

Slides: Nepa And Public Participation In Grazing Management On Federal Public Lands: The 40-Year Struggle, Joe Feller

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Joe Feller, College of Law, Arizona State University

22 slides

Slides: Forests And Grasslands, Federico Cheever

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Professor Federico Cheever, University of Denver Sturm College of Law

30 slides

Day 3. Wednesday, August 13, 2003: Lighthawk Flyover, University Of Colorado Boulder. Natural Resources Law Center

Energy Field Tour 2003 (August 11-16)

11 pages (includes some color illustrations and maps).

Contains references.

Concluding Comments, Mark Pearson

Coalbed Methane Development in the Intermountain West (April 4-5)

3 pages.

Environmental Impacts Of New Solutions: Two Case Studies, Lori Potter, Michael Freeman

Water and Growth in the West (Summer Conference, June 7-9)

32 pages.

Contains footnotes and references.

A Case Study In The Intersection Of Law And Science: The 1999 Report Of The Committee Of Scientists, Charles F. Wilkinson

Publications

No abstract provided.

Federal Water Rights In The Snake River Basin Adjudication, Michael A. Gheleta

Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)

34 pages (includes maps).

Innovations In Forestry: Funding Forest Plans, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

1 folded sheet (6 p : ill..) ; 28 cm

What Can We Learn From Past Reform Efforts, R. Max Peterson

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

7 pages.

Contains footnotes and references.

The Need For A New Nfma Planning Rule, Jack Ward Thomas

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

7 pages.

Can Managers Adapt To New Relationships And Roles Under Nfma?, Elizabeth Estill

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

5 pages.

Reflections From The Seventh American Forest Congress: Some Thoughts For National Forest Management, William R. Bentley

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

21 pages.

Contains endnotes and references.

Nfma And Ecosystem Management, Richard L. Knight

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

8 pages.

Contains 1 page of references.

Nfma In Relation To Stewardship, Science, Community And Culture: Some Points Of View From The Alaska Region, Phil Janik, Neil Hagadorn, Rai Behnert

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

10 pages.

“Can You Live With That, Chief?”—Forging Nfma Through Congressional And Agency Give And Take, John R. Mcguire

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

10 pages.

Making Forest Policy In An Imperfect World, James W. Giltmier

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

10 pages.

Framework For Understanding Nfma In A Legal Context, David H. Getches

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

8 pages.

Contains references.

The National Forest Management Act In A Changing Society, 1976-1996: How Well Has It Worked In The Past 20 Years? Will It Work In The 21st Century?, Margaret A. Shannon, K. Norman Johnson

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

12 pages.

Stories From The Frontlines: How Nfma Developed And Key Players, Robert E. Wolf

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

15 pages.