Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

SCOTUS

University of New Mexico

Articles 1 - 2 of 2

Full-Text Articles in Law

This Land Is Your Land: The Dark Canon Of The United States Supreme Court In Natural Resources Law, Oliver A. Houck Jan 2022

This Land Is Your Land: The Dark Canon Of The United States Supreme Court In Natural Resources Law, Oliver A. Houck

Natural Resources Journal

This article treats four Supreme Court opinions that have had a lasting impact, largely negative, on public lands and resources. They rest on highly selective statements of fact, and dubious footing with precedent and statutory law. As a quartet they make the protection of natural resources extremely difficult. Resources that, in law, belong to us all. The first case, Southern Utah Wilderness Association, opened up a designated Wilderness Area too off-road vehicle use, where these uses are explicitly prohibited by law. In this opinion Justice Scalia managed, inter alia, to turn congressionally-mandated management plans into (unenforceable) wish lists, and find …


Book Review: The Rule Of Five, Ashlee Carrasco Jan 2021

Book Review: The Rule Of Five, Ashlee Carrasco

Natural Resources Journal

The Rule of Five reads like a novel that ought to be adapted for the big screen, despite its accurate overview of the landmark Supreme Court case, Massachusetts v. EPA. Richard J. Lazarus does an excellent job of honoring the legacy of those who fought long and hard to bring the issue of climate change to the Supreme Court for the first time. While the decision in Massachusetts v. EPA was a landmark decision handed down by the Supreme Court of the United States, the potential to bore the reader with procedural history and legal jargon was ever-present. However, Lazarus …