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Land Use

Local Land Use Power: Managing Human Settlements to Mitigate Climate Change

Local land use law has evolved into a flexible and powerful technique for achieving sustainable development. This Article, adapted from Chapter 3 of Choosing to Succeed: Land Use Law & Climate Control (ELI Press 2021), looks at the...

Theissen v. United States

A magistrate judge dismissed a lawsuit concerning ownership of a grazing allotment in the Apache National Forest. Ranchers argued the allotment was privately owned and thus relieved them of any obligation to obtain a cattle grazing...

Down the Rabbit Hole With the IRS’ Challenge to Perpetual Conservation Easements, Part Two

When the Internal Revenue Service began disallowing gifts of perpetual conservation easements for claimed failures of perpetuity requirements, it tumbled land trusts, landowners, and the U.S. Tax Court down the rabbit hole to a...

Apache Stronghold v. United States

A district court denied an Apache group's motion to preliminarily enjoin the exchange of sacred land in Tonto National Forest to two foreign mining companies for mineral exploration. The group argued the land was held in trust by the U....

An Enduring American Heritage: A Substantive Due Process Right to Public Wild Lands

I magine, on account of an economic downturn associated with massive defense spending, or a change in regulatory philosophy, or a pandemic, the U.S. Congress enacted legislation duly signed by the president to sell virtually all federal...

Friends of the Clearwater v. Higgins

A district court denied environmental groups' motion to preliminarily enjoin a commercial logging and road construction project in the Idaho Panhandle National Forests. The groups argued that the Forest Service violated the ESA by...

Sawtooth Mountain Ranch LLC v. United States

A district court denied a motion to preliminarily enjoin the Forest Service from constructing a recreation trail across private property located in the Sawtooth National Recreation Area. The property owners argued that construction of...

Friends of Alaska National Wildlife Refuges v. Bernhardt

A district court vacated DOI's decision to enter into a land exchange agreement to facilitate construction of a road through Izembek National Wildlife Refuge in Alaska. Environmental groups argued that the agreement, which DOI...

Montana Wildlife Federation v. Bernhardt

A district court vacated BLM's 2018 instruction memorandum (IM) and oil and gas lease sales in Montana and Wyoming issued in reliance on the IM for failing to maintain federal protections for the greater sage-grouse. Environmental...

Friends of Rapid River v. Probert

In an unpublished opinion, the Ninth Circuit affirmed in part and dismissed in part a challenge to the Forest Service's decision to authorize logging in Idaho's Nez Perce-Clearwater National Forests. Environmental groups argued the...

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