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Public Lands

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...

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...

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...

Sturgeon v. Frost

The U.S. Supreme Court reversed a Ninth Circuit ruling that the National Park Service (NPS) had authority to prohibit a moose hunter from operating a hovercraft over a stretch of the Nation River that lies within the boundaries of the...

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...

Southern Utah Wilderness Alliance v. Burke

The Tenth Circuit dismissed Utah's challenge to a settlement agreement that requires BLM to revise motorized vehicle trails in southern Utah to minimize potential harm to wildlife, cultural, and archaeological sites. Before a district...

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