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Land Use

Berner v. Montour Township Zoning Hearing Board

A state high court reversed a lower court decision in a lawsuit over a hog farmer's application for a special zoning exception to construct a livestock manure storage facility. The farmer argued that a a local zoning ordinance setting...

Federal Lands and Fossil Fuels: Maximizing Social Welfare in Federal Energy Leasing

The externality costs of fossil fuel production—including pollution costs—are not accounted for under the U.S. Department of the Interior’s (Interior) coal, oil, and natural gas leasing programs. This results in fossil fuel production...

The Public’s Interest and Durable Management of Energy Development on Public Lands

The United States owns, on behalf of all Americans, approximately 30% of the nation’s land, totaling more than 600 million acres. These lands are overseen by the Bureau of Land Management (BLM) in the U.S. Department of the Interior (...

No New Fossil Fuel Leasing: The Only Path to Maximizing Social Welfare in the Climate Change Era

In Federal Lands and Fossil Fuels: Maximizing Social Welfare in Federal Energy Leasing, Prof. Jayni Foley Hein assesses inefficiencies in the federal fossil fuel leasing program that lead to the over-extraction of fossil fuels...

Center for Biological Diversity v. U.S. Bureau of Land Management

A district court granted environmental groups' motions for summary judgment in a challenge to BLM's 2017 determination that it did not need to authorize a proposed water pipeline project in southern California because the project fell...

Western Watersheds Project v. Bernhardt

A district court issued a temporary restraining order forbidding BLM from permitting a ranching company to use two grazing allotments that had been authorized by the Secretary of the Interior in response to a presidential pardon of the...

Herrera v. Wyoming

The U.S. Supreme Court vacated a lower court ruling that a Native American tribal member did not have the right to hunt in Bighorn National Forest because an 1868 treaty granting the right expired when Wyoming became a state. The Court...

Murphy Co. v. Trump

A magistrate judge ruled against a timber company's motion for summary judgment in a challenge to President Obama's decision to include lands covered under the Oregon and California Revested Lands Act (O&A Act) in the expansion of...

American Forest Resource Council v. United States

A district court ordered BLM to provide an explanation for how management of timber harvest on certain federal land (O&C land) in western Oregon had changed, if at all, after President Obama designated approximately 16,000 acres 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. Conservation groups argued the agreement violated the APA because...

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