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Public Lands

New Wine in Old Bottles: Distorting the Antiquities Act to Aggrandize Executive Power

President Donald Trump promised to undo much of the regulatory handiwork of his White House predecessors. On the heels of his inauguration, President Trump tasked Secretary of the Interior Ryan Zinke to review national monument...

Keeping the “Public” in Public Lands

The U.S. Department of the Interior (DOI) touches more lives in more ways than any other federal agency. Currently led by Secretary Ryan Zinke, the agency manages one-fifth of the land in the United States, including our national...

Western Organization of Resource Councils v. U.S. Bureau of Land Management

A district court held that BLM violated NEPA by failing to adequately consider climate change in the resource management plans (RMPs) for Buffalo, Wyoming, and Miles City, Montana, both located within the coal-rich Powder River Basin....

Antiquities Act: Legal Implications for Executive and Congressional Action

Secretary of the Interior Ryan Zinke's review of 27 national monuments has focused new attention on the Antiquities Act of 1906. Two recent proclamations by President Trump reducing existing Utah monuments, and the potential for further...

Little Traverse Lake Property Owners Ass'n v. National Park Service

The Sixth Circuit affirmed a lower court decision dismissing residents' NEPA lawsuit against the National Park Service (NPS) concerning its approval of a scenic trailway through the Sleeping Bear Dunes National Lakeshore in Michigan....

California v. Bureau of Land Management

A district court enjoined BLM from suspending or delaying the requirements of its waste prevention rule, which was issued to reduce emissions of natural gas from venting, flaring, and leaks during oil and gas production activities on...

Rocky Mountain Wild, Inc. v. U.S. Forest Service

The Tenth Circuit held that the Forest Service does not have to fulfill an environmental group's FOIA request for documents created by a third-party contractor related to a land exchange in Colorado. At the center of the case was an...

Whither Public Participation in Federal Land Management? Replicating Homegrown Innovations in Shared Problem Solving

The Trump Administration’s initial approach to federal land policy raises some long-standing, fundamental questions about the role of public participation and intergovernmental coordination in federal land management. Whether...

Havasupai Tribe v. Forest Service

The Ninth Circuit affirmed a district court's decision rejecting challenges to a mining company's uranium mining rights on public lands around Grand Canyon National Park. In 1988, the Forest Service approved a plan to build and operate...

National Mining Association v. Zinke

The Ninth Circuit rejected challleges to a 2012 DOI decision to withdraw from new uranium mining claims, up to twenty years, over one million acres of land near Grand Canyon National Park. The lands were withdrawn, subject to existing...