Public Lands

Rand Paul and the Environment (Take 2)

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Guess what: he's no friend of the environment.

Yesterday I posted a confused discussion of Paul’s environmental views. (Probably due to brain lock from spending  too many hours puzzling over the numerical examples in EME Homer!) I wanted to replace it with a clearer description of his views, so I pulled it from the website.  Let’s try this again. This first thing to know about Senator Paul is […]

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Wild horses and the goals of nature protection

Feral horses at Sheldon National Wildlife Refuge, NV. (Photo by Gail Collins / USFWS)

A petition to list wild horses as endangered or threatened highlights questions about what our conservation laws should protect

  Friends of Animals and The Cloud Foundation have filed a petition seeking listing of the wild horse in the American west as an endangered or threatened species. Given that, according to the petition itself, there are currently some 34,000 wild horses on public lands in the west (with other estimates closer to 50,000), listing […]

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The Wilderness Act and climate change

Changing the Wilderness Act to respond to climate change is a terrible idea

The Wilderness Act is one of the iconic pieces of environmental legislation, and it is 50 years old this year. It created a process and management standard by which millions of acres of relatively undeveloped federal land were protected from development and most forms of active human management. These lands are to be managed, as […]

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Commemorating the Yosemite Grant Act

National Park Service historic photo collection.

150 years ago, Yosemite Valley was set aside for public use and recreation

We’re a little bit late on this one, but can’t let it pass completely unacknowledged. And actually the timing is perfect — when better to commemorate the national parks, famously called by Wallace Stegner (and later Ken Burns) “America’s best idea” then on Fourth of July weekend? 150 years ago this week, President Lincoln signed […]

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Addressing Climate Change Without Legislation

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A new report from UC Berkeley looks at the underused powers of the US Department of the Interior.

Now that the Environmental Protection Agency has announced its proposed rules for restricting greenhouse gas emissions from existing power plants, the climate focus of EPA and the states will first be on polishing the rules for final approval, then on the anticipated law suits, and then on the development of state plans to meet the […]

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U.S. Supreme Court Deals Blow to National Rails-to-Trails Movement

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Justices Hand Property Owners Another Important Win, With Public Access the Loser

Some U.S. Supreme Court decisions blow through American jurisprudence like a hurricane. Others slip into the law books quietly, like the proverbial cat’s paws. Today’s Court decision in Marvin M. Brandt Revocable Trust v. United States falls into the latter category: largely overlooked by Court followers and the media, but with the potential to have […]

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In Memoriam: Joseph L. Sax, Gentleman, Scholar, Giant of Environmental Law

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Visionary environmental advocate will be sorely missed, long remembered.

[Posted on behalf of all Legal Planet authors at Berkeley Law.] It is with great sadness that we share the news of the passing of Joseph L. Sax, James H. House and Hiram H. Hurd Professor of Environmental Regulation (Emeritus) at Berkeley Law. Joe was our hero, our teacher, our mentor, our colleague, our friend. […]

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How Legalizing Marijuana Could Help Fight Climate Change

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The link between indoor grow operations and energy data

Now that the two states that just legalized marijuana sent their football teams to the Superbowl this year, it’s clear that the stars are aligning for legalizing marijuana nationwide. Sure, legalizing marijuana makes fiscal, moral, and practical sense, but what about the benefits to the environment? Well, it turns out that even the fight against […]

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Pine Beetles, Environmental Law, and Climate Change Adaptation

Inflexible laws may be the best response to climate change

Anyone who lives or has visited the Intermountain West over the past decade or so has noticed the devastating impact of a mountain pine beetle epidemic on the pine forests from Arizona and New Mexico all the way up to British Columbia and Alberta.  As a result of warmer winter weather because of climate change, […]

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