Wilderness Preservation I: A Recent Case and Not-So Recent Treaty

May 1973
Citation:
3
ELR 50023
Issue
5
Author
Thomas G.P. Guilbert

A recent decision by a district court in Minnesota, Izaak Walton League v. St. Clair,1 has brought again to national consciousness the anomalous exemption granted to mining activities2 in the Wilderness Act of 1964.3 That exemption,4 allegedly inserted into the Wilderness Act by former Rep. Wayne Aspinall as the price of reporting the bill out of the House Committee on Interior and Insular Affairs,5 has been viewed with alarm by environmentalists, but has not heretofore been the subject of reported litigation.6

St. Clair made national headlines7 because sweeping language in the section of the opinion entitled "Conclusion" apparently struck down the entire mining activities exemption, and perhaps other provisions in the Wilderness Act that limit the absolute protection of the wilderness character of designated areas:8

B.A., Amherst; M.A., Yale; J.D., Yale; Member of New York and Oregon Bars; Senior Project Associate, Environmental Law Institute.

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Wilderness Preservation I: A Recent Case and Not-So Recent Treaty

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