The Ninth Circuit rules on the preclusive effect of a CRA disapproval in a wilderness protection case.
Soon after Trump took office, Republicans used the Congressional Review Act (CRA) to overturn sixteen Obama-era regulations. If they win control of the government in 2024, they’ll undoubtedly do the same thing to Biden regulations. It behooves us, then, to understand the effect of these legislative interventions. A Ninth Circuit ruling last week in a …CONTINUE READING
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 …CONTINUE READING
The law too often restricts resource rights on public lands to extraction activities and precludes conservation
The Bureau of Land Management (BLM) auction in February, 2016, for oil and gas drilling rights near Arches National Park was unremarkable. The high bidder, Tempest Exploration Co. LLC, paid $2,500 for the 1,120 acre lease by credit card and began paying annual rental fees. What soon did prove remarkable, though, was the revelation that …CONTINUE READING
Remember the Sagebrush Rebellion and the County Supremacy Movement? They were attempts in the 1970s-80s and 1990s, respectively, by state and local governments in the west to assert control over federal lands. They didn’t make any legal progress because of the pesky Supremacy and Property Clauses of the US Constitution, which declare that the federal …CONTINUE READING