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Public Lands

Developments in Standing for Public Lands and Natural Resources Litigation

This Article offers a framework for analysis of potential developments in the law of standing in cases involving public lands and natural resources. It is based on recent federal case law and academic literature addressing the law of...

New Wine in Old Bottles: Distorting the Antiquities Act to Aggrandize Executive Power

President Donald Trump promised to undo much of the regulatory handiwork of his White House predecessors. On the heels of his inauguration, President Trump tasked Secretary of the Interior Ryan Zinke to review national monument...

Keeping the “Public” in Public Lands

The U.S. Department of the Interior (DOI) touches more lives in more ways than any other federal agency. Currently led by Secretary Ryan Zinke, the agency manages one-fifth of the land in the United States, including our national...

Antiquities Act: Legal Implications for Executive and Congressional Action

Secretary of the Interior Ryan Zinke's review of 27 national monuments has focused new attention on the Antiquities Act of 1906. Two recent proclamations by President Trump reducing existing Utah monuments, and the potential for further...

Whither Public Participation in Federal Land Management? Replicating Homegrown Innovations in Shared Problem Solving

The Trump Administration’s initial approach to federal land policy raises some long-standing, fundamental questions about the role of public participation and intergovernmental coordination in federal land management. Whether...

Planning for the Effects of Climate Change on Natural Resources

Climate change has important implications for the management and conservation of natural resources and public lands. The federal agencies responsible for managing these resources have generally recognized that considerations pertaining...

The Bear Essentials: How Landscape-Level Conservation May Help Save Florida’s Biodiversity and Realize the Vision of the National Wildlife Refuge System Improvement Act

The express mission of the National Wildlife Refuge System “is to administer a national network of lands and waters for conservation, management, and where appropriate, restoration of the fish, wildlife and plant resources and their...

National Forest Management: The Contested Use of Collaboration and Litigation

Litigation over national forest management has received substantial attention from members of Congress who claim that “environmental obstructionists” are abusing the legal system; conversely, litigants criticize the U.S. Forest Service’...

BLM’s Federal Lands Fracking Rule: Merits and Ramifications

On March 20, 2015, the Bureau of Land Management (BLM) issued a final rule regulating hydraulic fracturing on federal and Indian lands. The new regulations will require public disclosure of chemicals used in fracking fluids, higher...

Blowing Snow: The National Park Service's Disregard for Science, Law, and Public Opinion in Regulating Snowmobiling in Yellowstone National Park

[Off-road vehicles] are domineering, exclusive, destructive and costly; it is they and their operators who would deny the enjoyment of the backcountry to the rest of us. About 98% of the land surface of the contiguous USA already...