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Public Playgrounds or Private Trusts? The Future of Recreation on State Trust Lands

State trust lands, covering more than 40 million acres across the West, were granted to states with the primary purpose of generating revenue for public schools and other designated beneficiaries. These lands were historically managed for extractive uses such as grazing, timber harvesting, and mineral development. This Article examines how recreation—ranging from hiking and hunting to wildlife viewing and camping—fits within this fiduciary framework.

Examining State Climate Superfund Legislation

There has been an influx of “climate superfund” bills introduced and adopted in state legislatures across the country. Modeled after the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), these laws are designed to recover costs from large emitters of greenhouse gases (GHGs) to pay for climate adaptation infrastructure.

WildEarth Guardians v. United States Fish and Wildlife Service

A district court granted summary judgment for an environmental group in a challenge to FWS' 2023 12-month finding that Joshua trees were not warranted for listing under the ESA for the "foreseeable future." The group argued FWS violated the ESA because it failed to use best available science, i...

Apache Stronghold v. United States

A district court temporarily enjoined a land exchange between the U.S. government and a copper mining company concerning 2,422 acres of land in Tonto National Forest. A community group argued the land transfer, which includes a sacred Apache burial ground, would violate its and its members' First an...

WildEarth Guardians v. U.S. Forest Service

The Tenth Circuit reversed a district court decision denying a challenge to the Forest Service's decision to open new domestic sheep grazing allotments in Rio Grande National Forest. An environmental group argued the allotments posed a high risk to local populations of Rocky Mountain bigho...