federal public lands

Public Lands Watch: Sage Grouse Plans Move Forward

Administration takes next steps to scale back protections for iconic Western bird on federal public lands.

I’ve posted before about proposals by the Trump Administration to roll back protections for the sage grouse, an iconic species of the Western United States, from oil and gas development on federal public lands.  (The initial blog post with background is here; the specific proposed revisions are here.)  The Administration has now issued a final …

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Secretary Zinke Misleads the Public About Wildfires and Federal Public Land Management

Secretary of Interior’s Op-Ed Ignores Science and Land-Use Planning to Falsely Blame Wildfire Risk on “Radical Environmentalists”

Interior Secretary Ryan Zinke published an op-ed today calling for “active management” of our federal public lands to reduce wildfire risk, and blaming “radical environmentalists who would rather see forests and communities burn than see a logger in the woods” for the prevalance and lethality of wildfires in the American West.  Zinke’s op-ed is disingenuous, …

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New Article Provides In-Depth Analysis of Limits to Presidential Authority Under the Antiquities Act

Analysis By Faculty at UCLA, University of Colorado, and UC Berkeley Concludes that Congress Alone, and Not the President, May Eliminate or Shrink National Monuments

[Updated June 12, 2017 to reflect availability of final published article] Mark Squillace of University of Colorado, Eric Biber of UC Berkeley, my UCLA colleague Nick Bryner, and I have co-authored a short academic article (published in Virginia Law Review Online) about the President’s authority to abolish or shrink national monuments.  This article provides detailed historical research and …

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Politicians and Commentators Who Criticize Recent National Monuments Are Making Up Their Own Version of History

Republican Presidents from Teddy Roosevelt to Herbert Hoover Designated Millions of Acres Under the Antiquities Act

As several colleagues and I noted here recently, President Trump recently issued an executive order that will result in “review” of national monuments created since 1996.  (The Antiquities Act grants Presidents the authority to reserve federal lands as national monuments, protecting them from much new resource extraction and development that would otherwise potentially be available on those …

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National Monuments: Presidents Can Create Them, But Only Congress Can Undo Them

Authored by Nicholas Bryner, Eric Biber, Mark Squillace, and Sean B. Hecht

Bears Ears National Monument, Utah. Bob Wick, BLM/Flickr, CC BY This article was originally published on The Conversation. Read the original article. On April 26 President Trump issued an executive order calling for a review of national monuments designated under the Antiquities Act. This law authorizes presidents to set aside federal lands in order to …

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Can California keep its federal lands public?

SB 50, introduced in State Senate, seeks to retain public ownership of federal lands in the state

There’s been a fair amount of national debate lately about whether federal public lands in the West should be transferred to state or private ownership. Rep. Chaffetz (R) from Utah had introduced a bill to transfer millions of acres of federal land in a range of Western states to private or state ownership – he …

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California Supreme Court Holds Unanimously that the State May Restrict Mining Methods on Federal Lands

Court in People v. Rinehart Upholds State Moratorium on Suction-Dredge Mining

Last year, as I discussed in a prior post, the California Supreme Court granted the State of California’s petition for review in the case of People v. Rinehart.  I’m pleased to say that today, the Supreme Court has issued a unanimous opinion, authored by Justice Werdegar, in favor of the state’s moratorium on suction-dredge mining on federal lands. …

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California Supreme Court to Decide Whether the Mining Law Preempts State Ban on Suction Dredge Mining

Court’s Decision May Affect State’s Ability to Regulate Activities on Federal Lands

The California Supreme Court recently accepted a case that may make it more difficult for the state to protect the environment from the damaging impacts of mining. At issue is the state’s ban on suction-dredge mining in streambeds. Californians engaged in suction-dredge mining have vigorously fought against the state’s ban, and a panel of the …

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