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Wilderness

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...

Carta de Foresta: The Charter of the Forest Turns 800

The Forest Charter is one of the world’s first pieces of environmental and natural resources legislation and the earliest example of democratic environmental governance. The Forest Charter radically changed rights relating to Royal...

Herr v. Forest Service

The Sixth Circuit held that the Forest Service's rules regarding recreational boating on Crooked Lake in Michigan's Sylvania Wilderness exceeded the agency's power as applied to private property owners. Congress gave the Forest Service...

A Decade of Litigation Over the Roadless Rule Finally Nearing the End

After more than a decade of litigation over the management of roadless areas in national forests, several developments over the past months have brought this long and drawn-out fight nearly to a close. All but three states will be...

Wyoming v. United States Forest Service

The Tenth Circuit, in a 120-page opinion, reversed a lower court decision setting aside and permanently enjoining the U.S. Forest Service's Roadless Area Conservation Rule. In setting aside the rule, the lower court held that the...

Bair v. California Department of Transportation

A district court preliminarily enjoined the California transportation agency's proposal to widen a highway that runs through old-...