national parks

Building Bridges Over Troubled Waters

Building Bridges Over Troubled Waters

There are environmental issues that span the partisan divide, even today.

It turns out that the solar industry has two allies in unlikely places: Trump stalwarts Kellyanne Conway and Katie Miller (the wife of Stephen Miller).  This is a reminder that, even in an era of hyper-partisanship, it is sometimes possible to create alliances across the ideological gulf.Despite polarization, there are some environmental issues that can bridge the partisan gap. T Some issues, like climate change, have become deeply polarizing. We shouldn’t give up on those, but we should also pay attention to issues that have greater potential for reaching out to Trump supporters.

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Our National Parks are Open — and Openly Threatened

A collapsed National Park Service booth with a broken canopy frame, covered table, and banners, set outdoors among trees and wooden railings. Sandbags hold the tablecloth in place.

The Drain is a weekly roundup of environmental and climate news from Legal Planet.

“I’m still here working.” That’s what a park ranger at Yosemite National Park told me last Friday, as he made his rounds. Anyone who thinks they can flagrantly break the park rules during the government shutdown is in for “a rude awakening,” he said. Literally. He and other rangers have been using noise to wake …

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The “Big Beautiful Bill” is One Damn Dirty Deal

The Drain

The Drain is a weekly roundup of environmental and climate news from Legal Planet.

My family is about to take a road trip. Out our window we will see beaches, lakes, and a whole lot of public land that would be eligible to be sold off to developers and corporations under the recent version of a budget bill that Republicans want to rush through this week.  Welcome to The …

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Giving Away the National Parks?

Another Trump Administration idea that probably requires Congressional action, and thus probably won’t happen

Another national park idea the Trump Administration had recently was to offload hundreds of national parks to states and local governments, in order to trim $900 million from the Park Service budget.  The proposal is spare on details, only calling for the “transfer [of] certain properties to State-level management.”  Secretary of the Interior Burgum stated …

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The Rock

Public lands law stands in the way of Trump’s proposal to reopen Alcatraz

About a month ago, President Trump floated the idea of reopening the federal prison at Alcatraz.  The prison has been closed for decades, and it is now part of the Golden Gate National Recreation Area, managed by the National Park Service, and a major tourist attraction. While a lot of the press coverage focused on …

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NEPA in the Ninth

Can an agency just shortcut the whole process? The 9th Circuit says no.

On Wednesday, the Ninth Circuit decided a NEPA case that discusses two interesting issues. But what’s most striking isn’t what the court did discuss but what it didn’t mention : the fact that last year’s NEPA amendments  speaks directly to one of those issues. Apparently the word that NEPA was extensively amended a year ago …

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National Parks, Climate Change, and Active Management

When should park managers response to fire risk and climate change through active management?

This summer, the Earth Island Institute filed a lawsuit challenging active management projects in Yosemite National Park – those projects involve the cutting of trees to reduce the risk of fire (or that is the explanation of the National Park Service for the projects).  The tree cutting was begun this past year, and the National …

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Before Yellowstone: The Arkansas Origin of National Parks

In a forgotten incident, Congress set aside Hot Springs in 190 years ago.

The origins of the national park system is usually traced back Lincoln’s 1864 signature of the Yosemite Grant Act.  But Congress had actually had the idea of protecting extraordinary places over thirty years earlier, in Arkansas of all places. Hot Springs isn’t high on the list of American places to see, which may be one …

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Fighting to Preserve California Vehicle Emission Standards

Ted Lamm and Sean Hecht Co-Author Amicus Brief on Behalf of National Parks Groups

Last week, Sean Hecht and I filed an amicus brief with the DC Circuit in the legal challenge to the Trump Administration’s attempt to eliminate California’s authority to apply its own automobile emission standards under the Clean Air Act. (We filed the brief in our individual capacities and not on behalf of our respective institutions.) …

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Fancy Dancing on the Appalachian Trail

How to Use Textualism to Evade Statutory Texts

The Supreme Court’s decision in Cowpasture case allows gas pipelines to cross the Appalachian trial. The ruling didn’t get much attention because of its timing. It came down the same day as Bostock, which outlawed employment discrimination against gays and transsexuals. Bostock featured a big battle over the meaning of textualism. But Cowpasture was also …

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