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Full-Text Articles in Law
Beyond The Antiquities Act: Can The Blm Reconcile Energy Dominance And National Monument Protection?, John C. Ruple, Heather Tanana
Beyond The Antiquities Act: Can The Blm Reconcile Energy Dominance And National Monument Protection?, John C. Ruple, Heather Tanana
Wallace Stegner Center for Land, Resources, and the Environment publications
On December 4, 2017, President Donald J. Trump carved more than 2 million acres from the Bears Ears and Grand Staircase-Escalante national monuments. He also directed federal land managers to prepare management plans for both monuments. Draft plans have been released, and the preferred alternative under both plans promotes right-of-way development, minerals exploration, livestock grazing, and other traditional uses over protection of monument resources. Our paper argues that this approach violates both the Federal Land Policy and Management Act and the Omnibus Public Lands Act of 2009 because these statutes require the Bureau of Land Management to emphasize protection of …
Chapter 7: Wild Places And Irreplaceable Resources: Protecting Wilderness And National Monuments, John C. Ruple
Chapter 7: Wild Places And Irreplaceable Resources: Protecting Wilderness And National Monuments, John C. Ruple
Wallace Stegner Center for Land, Resources, and the Environment publications
This chapter is really two chapters in one in that it discusses wilderness, both as an idea that has had an evolving meaning, and as a legal construct. This chapter also discusses national monuments on our public lands, another legal construct that has been used to protect a wide range of resources, including wilderness character. To be sure, these areas overlap, but that overlap is far from complete, and the objectives underpinning these two designations, while complimentary, are not identical.
Up For Grabs: The State Of Fossils Protection In (Recently) Unprotected National Monuments, John C. Ruple, Michael Henderson, Caitlin Ceci
Up For Grabs: The State Of Fossils Protection In (Recently) Unprotected National Monuments, John C. Ruple, Michael Henderson, Caitlin Ceci
Utah Law Faculty Scholarship
On December 4, 2017, President Trump removed 2 million acres of land from the Bears Ears and Grand Staircase-Escalante national monuments. President Trump justified the reductions in part by claiming that many of the objects contained in the original monuments were already protected by other federal laws, and that the protections previously afforded to sixty-three percent of the land in the two original monuments were “unnecessary for the care and management of the objects to be protected within the monument[s].” This article explains why, contrary to the President’s assertions, plant and invertebrate fossils on the more than two million acres …
Law Professor Amicus Brief In Massachusetts Lobstermen's Association V. Ross Regarding The Legality Of The Northeast Canyons And Seamounts Marine National Monument, Robin Kundis Craig
Law Professor Amicus Brief In Massachusetts Lobstermen's Association V. Ross Regarding The Legality Of The Northeast Canyons And Seamounts Marine National Monument, Robin Kundis Craig
Utah Law Faculty Scholarship
This amicus brief discusses how, under domestic law, the President can establish national monuments, pursuant to the Antiquities Act, in the ocean. It focuses on the seabed's status as "land owned or controlled by the federal government" under U.S. law, as the Antiquities Act requires, and on the President's authority to regulate fishing within marine national monuments.