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The National Trails System: A Model Partnership Approach to Natural Resources Management

Our magnificent 40,000-mile National Trails System was established by Congress under the National Trails System Act (NTSA) of 1968 through the combined efforts of President Lyndon Johnson, Secretary of the Interior Stewart Udall, and Sens. Henry M. Jackson (D-Wash.) and Gaylord Nelson (D-Wis.). Private and nonfederal public lands make up the lion's share of federally recognized long-distance trail corridors.

Back to the Present: The Supreme Court Refuses to Move Public Range Law Backward, but Will the BLM Move Public Range Management Forward?

"In the ranchers' view, history has created expectations in respect to the security of 'grazing privileges'; they have relied upon those expectations; and the statute requires the Secretary to 'safeguard' that reliance."

"Their adamance derives from a recollection of history that never existed and from asserted promises that were never made."

Taylor v. Department of Labor

The court upholds the dismissal of individuals' employment retaliation suits against the state of Rhode Island and the Rhode Island Department of Environmental Management concerning potential Solid Waste Disposal Act violations. The state has not waived its right to sovereign immunity, and the U.S. ...

West Virginia Highlands Conservancy v. Johnson

A district court dismissed environmental groups' claim that the U.S. Environmental Protection Agency (EPA) has never undertaken the study of coal mining wastes requested by Congress and, accordingly, has failed to determine whether such wastes should be regulated as "hazardous" under Subtitle C of t...

Calhoun County v. United States

The court holds that a county's action to quiet title to real property used by the United States as a wildlife management area on Matagorda Island in Texas is time barred. The federal government condemned a portion of Matagorda Island for use as a bombing and gunnery range, and in 1982 the U.S. Fish...

Glisson v. U.S. Forest Serv.

The court upholds the U.S. Forest Service's interpretation of the term "native" and its environmental assessment (EA) for an ecological project in Shawnee National Forest in Illinois. The appellants argued that the ecological project will have an adverse effect on shortleaf pines and pine warblers i...

Neighbors of Cuddy Mountain v. U.S. Forest Serv.

The court holds that the U.S. Forest Service failed to comply with National Forest Management Act (NFMA) and National Environmental Policy Act (NEPA) requirements in determining whether to allow a timber sale in the Payette National Forest in Idaho. The court first holds that the Forest Service fail...

United States v. Beggerly

The Court holds that the Fifth Circuit lacked jurisdiction over a suit to set aside a 1982 settlement agreement that quieted title to lands on Horn Island, Mississippi, in U.S. favor. After concluding that the Quiet Title Act conferred jurisdiction, the Fifth Circuit, relying on a 1781 Spanish land ...

Land Use and Cleanups: Beyond the Rhetoric

There seems to be agreement across a wide spectrum of those involved in Superfund cleanups that such cleanups should take into consideration the kinds of activities that are expected to take place at the site after the remedial work is completed. While cleaning every site to levels suitable for all conceivable uses may be a laudable goal, doing so can impose costs that are out of proportion to the added amount of protection obtained.

Friends of Southeast's Future v. Morrison

The court holds that the U.S. Forest Service's approval of a proposed timber sale in the Tongass National Forest in Alaska violated the National Forest Management Act (NFMA), but did not violate the National Environmental Policy Act (NEPA). The court first holds that the Forest Service's tentative o...