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Land Use

WildEarth Guardians v. US Forest Service

A district court granted summary judgment for the Forest Service in environmental groups' lawsuit concerning federally permitted livestock grazing in Colville National Forest. The groups argued the Service violated NEPA and the National...

Alliance for the Wild Rockies v. Pierson

A district court temporarily suspended a logging project in grizzly bear habitat in the Idaho Panhandle National Forest. An environmental group argued the Forest Service's approval of the project violated NEPA. The court found that the...

Kalispel Tribe of Indians v. U.S. Department of the Interior

The Ninth Circuit affirmed summary judgment for DOI and a Native American tribe in a lawsuit brought by a nearby tribe challenging DOI's decision that the former tribe's proposed casino on newly acquired off-reservation land would not...

Gallatin Wildlife Ass'n v. United States Forest Service

In an unpublished opinion, the Ninth Circuit affirmed summary judgment for the Forest Service in a lawsuit concerning domestic sheep grazing in the Beaverhead-Deerlodge National Forest. Environmental groups argued the Service violated...

2-Bar Ranch Ltd. Partnership v. United States Forest Service

The Ninth Circuit reversed a district court's partial grant of summary judgment for cattle ranchers in a challenge to the Forest Service's decision to apply 1995 riparian mitigation measures to an allotment in the Beaverhead-Deerlodge...

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...

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