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Public land law

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Full-Text Articles in Law

Agenda: Flpma Turns 40, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment Oct 2016

Agenda: Flpma Turns 40, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

FLPMA Turns 40 (October 21)

The Bureau of Land Management (BLM) administers approximately 245 million acres of our public lands and yet, for most of our nation's history, these lands seemed largely destined to end up in private hands. Even when the Taylor Grazing Act of 1934 ushered in an important era of better managing public grazing districts and "promoting the highest use of the public lands," such use of our public lands still was plainly considered temporary, "pending its final disposal." It was not until 1976 with the passage of the Federal Land Policy and Management Act (FLPMA) that congress adopted a policy ...


Wyoming V. United States Department Of Interior, Keatan J. Williams Dec 2015

Wyoming V. United States Department Of Interior, Keatan J. Williams

Public Land & Resources Law Review

In a scathing opinion, the United States District Court for the District of Wyoming granted a motion for preliminary injunction, effectively blocking the BLM’s new Fracking Rule from being implemented on federal and tribal lands in the United States. The court held not only was the BLM’s new rule likely arbitrary and capricious, but the department lacked the authority to regulate fracking. The opinion relied on the Safe Drinking Water Act and the Energy Policy Act to determine that Congress explicitly removed fracking from federal regulation. Pending an appeal, the new Fracking Rule will not be implemented.


Agenda: A Life Of Contributions For All Time: Symposium In Honor Of David H. Getches, University Of Colorado Boulder. School Of Law, University Of Colorado Law Review Apr 2012

Agenda: A Life Of Contributions For All Time: Symposium In Honor Of David H. Getches, University Of Colorado Boulder. School Of Law, University Of Colorado Law Review

A Life of Contributions for All Time: Symposium in Honor of David H. Getches (April 26-27)

On April 26-27, 2012, Colorado Law honored David H. Getches with a symposium to celebrate his life and legacy of trailblazing scholarship. “A Life of Contributions for All Time” featured a keynote address by Distinguished Professor Charles Wilkinson entitled, “Hero for the People, Hero for the Land and Water: Reflections on the Enduring Contributions of David Getches.” Top scholars in the fields of natural resources, water, and American Indian law reflected on Dean Getches’ contributions and their own insights into these fields, including Professor John Leshy, John Echohawk, Professor Carole Goldberg, Professor Joe Sax, Professor Rebecca Tsosie, Justice Greg Hobbs ...


The Story Of Kleppe V. New Mexico: The Sagebrush Rebellion As Un-Cooperative Federalism, Robert L. Fischman Feb 2011

The Story Of Kleppe V. New Mexico: The Sagebrush Rebellion As Un-Cooperative Federalism, Robert L. Fischman

Robert L. Fischman

The story of Kleppe v. New Mexico dramatizes how assertion of federal power advancing national conservation objectives collided with traditional, local economic interests on public lands in the 1970s. This article connects that history with current approaches to natural resources federalism. New Mexico challenged the Wild Free-Roaming Horses and Burros Act, which diminished both state jurisdiction and rancher influence over public rangelands. In response, the Supreme Court resoundingly approved federal authority to reprioritize uses of the public resources, including wildlife, and spurred a lasting backlash in the West. Further legislation passed in the wake of Kleppe transformed this unrest into ...


The Story Of Kleppe V. New Mexico: The Sagebrush Rebellion As Un-Cooperative Federalism, Robert L. Fischman, Jeremiah Williamson Jan 2011

The Story Of Kleppe V. New Mexico: The Sagebrush Rebellion As Un-Cooperative Federalism, Robert L. Fischman, Jeremiah Williamson

Articles by Maurer Faculty

The story of Kleppe v. New Mexico dramatizes how assertion of federal power advancing national conservation objectives collided with traditional, local economic interests on public lands in the 1970s. This article connects that history with current approaches to natural resources federalism. New Mexico challenged the Wild Free-Roaming Horses and Burros Act, which diminished both state jurisdiction and rancher influence over public rangelands. In response, the Supreme Court resoundingly approved federal authority to reprioritize uses of the public resources, including wildlife, and spurred a lasting backlash in the West. Further legislation passed in the wake of Kleppe transformed this unrest into ...


Reflections On The Tenth Anniversary Of The Refuge Improvement Act, Robert L. Fischman Jan 2007

Reflections On The Tenth Anniversary Of The Refuge Improvement Act, Robert L. Fischman

Articles by Maurer Faculty

No abstract provided.


The Meanings Of Biological Integrity, Diversity, And Environmental Health, Robert L. Fischman Jan 2004

The Meanings Of Biological Integrity, Diversity, And Environmental Health, Robert L. Fischman

Articles by Maurer Faculty

This article extracts from the legislative mandate to "ensure that the biological integrity, diversity, and environmental health of the [Refuge] System are maintained," a range of meanings that reflect scientific and legislative trends in conservation. The standard modes of statutory interpretation yield meanings that largely support the 2001 Fish and Wildlife Service policy delineating three distinct yet overlapping categories. The analysis reveals three insights applicable to other areas of environmental law. First, although diversity and health emphasize important aspects of nature protection, integrity is becoming the umbrella concept that encompasses the needs of well functioning landscapes. Second, the effectiveness of ...


A Case Study In The Intersection Of Law And Science: The 1999 Report Of The Committee Of Scientists, Charles F. Wilkinson Jan 2000

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

Articles

No abstract provided.


The Public Lands And The National Heritage, Charles F. Wilkinson Jan 1996

The Public Lands And The National Heritage, Charles F. Wilkinson

Articles

No abstract provided.


Natural Resources Policy And Law: Trends And Directions, Lawrence J. Macdonnell, Sarah F. Bates Jan 1993

Natural Resources Policy And Law: Trends And Directions, Lawrence J. Macdonnell, Sarah F. Bates

Books, Reports, and Studies

This digital resource contains only an abstract, cover image and table of contents information from the published book.

Print copy of book is available in the University of Colorado’s Wise Law Library: http://lawpac.colorado.edu/record=b143382~S0

Contents: Rethinking resources : reflections on a new generation of natural resources law and policy / Lawrence J. MacDonnell, Sarah F. Bates -- Natural resources law : an historical perspective / Clyde O. Martz -- Trends in public land law : (a title the inaccuracy of which should become manifest) / George Cameron Coggins -- Mineral law in the United States : a study in legal change / Lawrence J. MacDonnell ...


Preface, Charles F. Wilkinson Jan 1990

Preface, Charles F. Wilkinson

Articles

No abstract provided.


The Field Of Public Land Law -- A Ten-Year Retrospective, Charles F. Wilkinson Jan 1989

The Field Of Public Land Law -- A Ten-Year Retrospective, Charles F. Wilkinson

Articles

No abstract provided.


Instream Flows, The Public Trust, And The Future Of The West, Harrison C. Dunning Apr 1988

Instream Flows, The Public Trust, And The Future Of The West, Harrison C. Dunning

Instream Flow Protection in the Western United States: A Practical Symposium (March 31-April 1)

65 pages (includes illustrations).

Contains 28 pages of footnotes.


Tribute, Charles F. Wilkinson Jan 1987

Tribute, Charles F. Wilkinson

Articles

No abstract provided.


The Law Of The American West: A Critical Bibliography Of The Nonlegal Sources, Charles F. Wilkinson Jan 1987

The Law Of The American West: A Critical Bibliography Of The Nonlegal Sources, Charles F. Wilkinson

Articles

No abstract provided.


Agenda: Public Lands Mineral Leasing: Issues And Directions, University Of Colorado Boulder. Natural Resources Law Center Jun 1985

Agenda: Public Lands Mineral Leasing: Issues And Directions, University Of Colorado Boulder. Natural Resources Law Center

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

University of Colorado School of Law professor Lawrence J. MacDonnell served as the conference organizer and as a member of the faculty.

Federal leasing programs, especially for oil and gas and coal, have been undergoing important changes in recent years. This conference will provide an overview and an update for those involved in public lands mineral development. Significant new issues also will be addressed.


Private Use Of The Public Lands – What Is The Appropriate “Fair Market Value”?, Richard L. Stroup Jun 1984

Private Use Of The Public Lands – What Is The Appropriate “Fair Market Value”?, Richard L. Stroup

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

44 pages.

Contains a 4-page outline; one page of references (page 6); and 37 pages of appendices arranged in 11 topical areas.


Withdrawals Of Public Lands Under The Federal Land Policy And Management Act, David H. Getches Jun 1984

Withdrawals Of Public Lands Under The Federal Land Policy And Management Act, David H. Getches

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

17 pages.


Directions For The Future, Clyde O. Martz Jun 1984

Directions For The Future, Clyde O. Martz

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

11 pages.

Includes the Public Land Law Review Commission's 1970 report, A Program for the Future (7 pages).


Access To And Across Public Lands, Rebecca Love Kourlis Jun 1984

Access To And Across Public Lands, Rebecca Love Kourlis

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

16 pages.

Contains list of references (page 1 of text).


Wilderness And The Public Lands, John D. Leshy Jun 1984

Wilderness And The Public Lands, John D. Leshy

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

18 pages (includes chart).


Flpma As It Affects The Mining Industry, William R. Marsh Jun 1984

Flpma As It Affects The Mining Industry, William R. Marsh

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

67 pages.

11 pages of text with appendices.


Flpma, Pria, And The Western Livestock Industry, George Cameron Coggins Jun 1984

Flpma, Pria, And The Western Livestock Industry, George Cameron Coggins

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

32 pages.

Contains list of research sources (pages 1-3).


Agenda: The Federal Land Policy And Management Act, University Of Colorado Boulder. Natural Resources Law Center Jun 1984

Agenda: The Federal Land Policy And Management Act, University Of Colorado Boulder. Natural Resources Law Center

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

Conference organizers and/or faculty included University of Colorado School of Law professors James N. Corbridge, Lawrence J. MacDonnell, David H. Getches and Charles F. Wilkinson.

This important piece of legislation, passed by Congress in 1976 following many years of extensive study and debate, directs the activities of the nation's major land manager--the Bureau of Land Management. The FLPMA conference will bring together a distinguished group of experts to review the law itself, to consider the effectiveness with which it has been implemented, and to discuss the key issues which have arisen under its implementation.


Public Land Law: The Development Of Federal Policy, Charles F. Wilkinson Jun 1984

Public Land Law: The Development Of Federal Policy, Charles F. Wilkinson

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

19 pages.

Contains annotated list of research sources (pages 2-4).


Flpma From The Perspective Of The Bureau Of Land Management, H. Robert Moore Jun 1984

Flpma From The Perspective Of The Bureau Of Land Management, H. Robert Moore

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

14 pages.


The Blm Planning Process: Chasing The Rabbit, H. Paul Friesema, Paul J. Culhane Jun 1984

The Blm Planning Process: Chasing The Rabbit, H. Paul Friesema, Paul J. Culhane

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

11 pages.


State And Local Involvement In Bureau Of Land Management Planning Under The Federal Land Policy Act Of 1976, Tom Glass Jun 1984

State And Local Involvement In Bureau Of Land Management Planning Under The Federal Land Policy Act Of 1976, Tom Glass

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

8 pages.


The Forest Service: A Call For A Return To First Principles, Charles F. Wilkinson Jan 1984

The Forest Service: A Call For A Return To First Principles, Charles F. Wilkinson

Articles

No abstract provided.


Managing The Public Lands: The Authority Of The Executive To Withdraw Lands, David H. Getches Jan 1982

Managing The Public Lands: The Authority Of The Executive To Withdraw Lands, David H. Getches

Articles

No abstract provided.