An Antiquities Act edition of “can he do that”?
On June 5, President Trump issued a “Proclamation on Modifying The Northeast Canyons And Seamounts Marine National Monument.” This Proclamation follows a court defeat for opponents of the National Monument — the DC Circuit last year dismissed a claim by commercial fishing interests that the National Monument was unlawfully designated. Trump’s Proclamation purports to modify …CONTINUE READING
Some major new cases will be filed; older ones will result in major decisions.
There are going to be some significant environmental cases over the next year. In addition, some important new cases will be filed now or in the near future, which may have produced some interesting rulings. It will probably take more than a year, however, for some of the big new cases down the turnpike to …CONTINUE READING
Carter saved millions of acres of wilderness, signed the Superfund law, and began the renewables revolution.
Many people today know Jimmy Carter as an ex-President who has strongly advocated for human rights. His Presidency is probably best remembered for the Iranian Hostage crisis. His post-presidential career was at least as notable as his time in the White House. Historians find his presidency flawed by micro-management and lack of rapport with the …CONTINUE READING
Personal Reflections on the Raging Debate Over Trump’s Utah Monument Reductions
One of most highly visible disputes arising out of the Trump Administration’s multifaceted efforts to roll back and nullify the natural resources policies of previous administrations is the decision by President Trump and Secretary of the Interior Zinke to substantially reduce two national monuments in Utah created by former President Obama under the Antiquities Act. President Trump’s December …CONTINUE READING
House bill would give states control of oil and gas leasing process, weaken Presidential power to restrict leasing
Tom Schumann drafted this blog post. Provisions tucked in a House oil and gas development bill would repeal one of the oldest conservation laws and scale back another. The provisions show House Republicans working to make rollbacks by the Trump Administration permanent, consistent with the administration’s “America First” energy campaign. H.R. 4239, reported out of …CONTINUE READING
Updates on the Arctic National Wildlife Refuge and National Monuments
Two updates on issues that we have been following. First, the Senate passed a tax bill that opens up the Arctic National Wildlife Refuge to oil and gas development – though an initial version of that provision which would have relaxed environmental review of development in the refuge was stripped out. The bill likely will …CONTINUE READING
Authored by Nicholas Bryner, Eric Biber, Mark Squillace, and Sean B. Hecht
This article was originally published on The Conversation. Read the original article. Supporters of the Bears Ears and Grand Staircase-Escalante national monuments during a rally Saturday, Dec. 2, 2017 in Salt Lake City. AP Photo/Rick Bowmer On Dec. 4, President Trump traveled to Utah to sign proclamations downsizing Bears Ears National Monument by 85 percent …CONTINUE READING
Report Lacks Details on Boundaries but Recommends Management Changes to Permit Wider Range of Uses
Late last night, the Washington Post reported that Secretary Ryan Zinke had recommended making changes–by downsizing and/or by loosening restrictions–to a total of 10 national monuments. The list of monuments goes beyond what had been reported last month. The Post released a leaked copy of Zinke’s recommendations that were submitted to President Trump on August …CONTINUE READING
Zinke’s review has been anything but transparent
Last Thursday, Secretary Zinke submitted a report to President Trump, recommending changes to national monuments. Although Trump’s Executive Order in April called for a “final report” within 120 days–the deadline was Thursday–the Interior Department’s press release called the report a “draft.” And as Holly Doremus explained on this blog, it has still not been made …CONTINUE READING
National Monuments: a Rebuttal to Commentators who Support Trump’s Actions to Undo Public Lands Protections
This post is co-authored with Sean Hecht. For the past three months, Secretary of the Interior Ryan Zinke has been reviewing some of the national monuments designated under the Antiquities Act by Presidents Obama, Bush, and Clinton. Since the end of last year, we and others at Legal Planet have been writing on the scope …CONTINUE READING