national monuments
Protecting the federal estate
Understanding the Property Clause’s location in Article IV clarifies the power of Congress and the federal government to protect public lands
In my previous blog post, I discussed how the location of the Property Clause in Article IV can help answer key debates about congressional versus executive power under the Clause, as well as federal versus state power under the Clause. Here I want to draw on the principles I developed in the prior blog post: …
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CONTINUE READINGTaking Article IV Seriously
How “horizontal federalism” can help us understand federal power over the public lands
Can the President unilaterally end fossil fuel leasing on federal lands? Or does this policy decision require Congressional intervention? Can the President unilaterally terminate existing National Monuments that protect federal public lands from development? Or does this policy decision also require Congressional intervention? Does federal law preempt state law on federal lands? Or does the …
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CONTINUE READINGTrump says he will allow commercial fishing in national monument
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 …
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CONTINUE READINGResuscitating Obama’s Environmental Legacy
Trump has had a single-minded focus on eliminating any traces of Obama’s presidency. But it’s not too late to turn the tide.
We’ve now had nearly four years of Trump’s all-out war on environmental protection. Trump has single-mindedly tried to wipe out every trace of Obama’s legacy. It’s time to see what’s left of Obama’s achievements. And what could a new President do to revive his legacy? In a Legal Planet post a week before the last …
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CONTINUE READINGCareful what you wish for…
How Trump’s efforts to rollback national monuments might backfire
We have posted repeatedly here on Legal Planet on the Trump Administration’s efforts to rollback national monument designations made by prior administrations. Litigation over those efforts is still ongoing (and likely will be for a long time). However, I want to note some of the implications if the Administration should succeed in convincing the courts …
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CONTINUE READINGPublic Lands Watch: HR 4239
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 …
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CONTINUE READINGWhat’s in Trump’s Proclamations on Bears Ears and Grand Staircase-Escalante National Monuments
An analysis of the new proclamations and the legal issues they raise
On Monday, President Trump signed two proclamations, downsizing the Bears Ears and Grand Staircase-Escalante National Monuments in Utah. These two proclamations are the first official acts by Trump to implement the recommendations from Interior Secretary Ryan Zinke’s national monuments review this summer. (Zinke’s final report and recommendations were just made public yesterday. In a short …
CONTINUE READINGPublic Lands Watch: ANWR and Monuments Updates
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 …
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CONTINUE READINGPresident Trump’s national monument rollback is illegal and likely to be reversed in court
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 READINGRyan Zinke’s Troubling Remarks Undercut Dept. of Interior’s Core Mission
Comments to Oil Trade Association Attack Agency Staff, Dismiss Environmental Safeguards
At a recent meeting of the American Petroleum Institute (the national oil company trade association), Interior Secretary Ryan Zinke made clear some of his plans for the Department of the Interior. According to AP reporting, he called almost 1/3 of employees disloyal, said he plans to speed up oil and logging permits, and revealed a …
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