The court holds that a U.S. Forest Service proposal for a logging project and road extension in the Green Mountain National Forest in Vermont violated the National Environmental Policy Act (NEPA), but not the National Forest Management Act (NFMA). The court first holds that neither the district cour...
The court holds that a ranch owner with inholdings within the Apache National Forest and the Gila River Forest Reserve in New Mexico does not have a preexisting patent right or a common-law easement allowing access to the inholdings. The court first holds that the government's claims regarding the r...
The court upholds the Secretary of the Interior's approval of increased dock fees charged by a private marina operator at the Lake Mead National Recreation Area. The court first holds that, in approving the operator's rate increase requests, the Secretary did not act arbitrarily or capriciously in v...
The Court holds that an environmental group's challenge to a U.S. Forest Service land and resource management plan (LRMP) for Wayne National Forest in Ohio is not yet ripe for review. The environmental group brought suit alleging that the Forest Service's approval of the Wayne National Forest LRMP v...
The court upholds the U.S. Forest Service's approval of four timber sales in the Ozark National Forest. A coalition of environmental groups sued the Forest Service to enjoin or set aside the timber sales. The court first holds that the district court did not abuse its discretion by limiting its revi...
The court holds that the U.S. Forest Service's consideration of a fire's effects on a proposed timber sale in the Colville National Forest in Washington was not arbitrary and capricious. After a fire burned 10,000 acres, including 133 acres of the proposed timber harvest area, the Forest Service pre...
The federal public lands—national forests, parks, and rangelands—are widely known for their vast natural resources: timber; range; minerals; watersheds; wildlife; and sweeping vistas of incredible beauty and diversity. No less notable are the cultural resources found on the public lands. Some of the earliest withdrawals of public lands from homesteading or other disposition occurred because of their cultural and historic importance.
There can be no sustainable development without sustainable transportation. It is an essential component not only because transportation is a prerequisite to development in general but also because transportation, especially our use of motorized vehicles, contributes substantially to a wide range of environmental problems, including energy waste, global warming, degradation of air and water, noise, ecosystem loss and fragmentation, and desecration of the landscape. Our nation's environmental quality will be sustainable only if we pursue transportation in a sustainable way.
Editors' Summary: The recently completed 105th Congress provided the nation with a legacy of unparalleled legislative inactivity. Few, if any, of the legislative initiatives earmarked as priorities passed as bitter partisan debate ruled on Capitol Hill. This Comment analyzes how such partisanship and subsequent congressional lethargy created the environmental successes, controversies, and failures of the 105th Congress.
Over the past several years, considerable public and private efforts in this country have been directed at reducing the risk of cancer that human exposure to high levels of radon gas poses. These efforts appear to have succeeded in raising public awareness of radon and in increasing testing for radon. For the most part, however, these efforts have been directed toward homeowners and have not addressed the problem of radon in residential rental properties. Yet, in 1989, nearly 34 million homes—over one-third of all housing units in the country—were rental units.