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Pay to Play? The Past, Present, and Future of Recreation Fees on Federal Public Lands

The United States has historically valued free access to most public lands. But federal land management agencies also rely on users’ fee dollars to support critical operations. This tension between “free access” and “user pays” has been an important feature of public land law since the late 1800s. The primary statute at issue is the Federal Lands Recreation Enhancement Act (FLREA), which authorizes fees at some sites while mandating free access at others.

Animal Legal Defense Fund v. Reynolds

The Eighth Circuit reversed a district court ruling in a challenge to Iowa's "ag gag" law that criminalizes undercover investigations at agricultural production facilities. Initially, the law prohibited the facilities from being accessed under false pretenses as well as prohibited false statements o...