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United States v. California

ELR Citation: 48 ELR 20189
Nos. 2:18-cv-721-WBS-DB, (E.D. Cal., 11/01/2018) (Shubb, J.)

A district court declared unconstitutional a California law that regulates the recording of conveyances of federal public lands in the state. DOJ argued that the state law, which grants the State Lands Commission the right of first refusal on transfers of federal public lands, runs afoul of the doctrine of intergovernmental immunity. The court agreed, concluding that the law unconstitutionally directly regulates the federal government with respect to federal public lands managed by BLM, the Bureau of Reclamation, FWS, the National Forest Service, and the National Park Service. The court therefore permanently enjoined the state from enforcing the law.