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Public Lands

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...

Cutting Science, Ecology, and Transparency Out of National Forest Management: How the Bush Administration Uses the Judicial System to Weaken Environmental Laws

The Defenders of Wildlife Judicial Accountability Project—undertaken with the assistance of the Vermont Law School Clinic for Environmental Law and Policy—seeks to fill a data void on the environmental record of President...

The Roads More Traveled: Sustainable Transportation in America--Or Not?

The Challenge Before Us

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...

The Riches of the Desert: Can the Bureau of Land Management Reject a Mining Operation Based on Historic and Cultural Concerns?

An Analysis of the Validity of the Glamis Directive

At first glance, the California Desert Conservation Area (CDCA)1 is a 25-million-acre2 expanse of sand dunes,...

The Changing Economic Role of Natural Landscapes in the West: Moving Beyond an Extractive and Tourist Perspective

Economic Confusion and Federal Land Management Policy

In discussions of the economies of the Mountain West,1 natural landscapes tend to be looked upon from either of two perspectives. The first is...

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."2...

Redwoods, Junk Bonds, and Tools of Cosa Nostra: A Visit to the Dark Side of the Headwaters Controversy

The February 2000 issue of the Environmental Law Reporter (ELR) carried an Article by Deputy Secretary of the Interior David J. Hayes relating the dramatic negotiations that led to the settlement of the Headwaters...

New Nonimpairment Policy Projected for the National Park System

From the enactment of the National Park Service Organic Act (the Organic Act or the Act) in 1916 until a 1998 decision by a federal district court in Utah, the National Park Service (NPS) had managed national parks without resolving...