public lands

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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A New Era for Protecting Public Lands

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

In August, 2021, I blogged on Legal Planet about a piece in Science I had co-authored arguing for an end to prohibiting “nonuse” rights to bid on public land use. The article helped popularize the issue and the Bureau of Land Management today announced a final rule that, as the BLM press release describes, “recognizes …

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The Wilderness Act and climate change

Changing the Wilderness Act to respond to climate change is a terrible idea

The Wilderness Act is one of the iconic pieces of environmental legislation, and it is 50 years old this year. It created a process and management standard by which millions of acres of relatively undeveloped federal land were protected from development and most forms of active human management. These lands are to be managed, as …

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U.S. Supreme Court Deals Blow to National Rails-to-Trails Movement

Justices Hand Property Owners Another Important Win, With Public Access the Loser

Some U.S. Supreme Court decisions blow through American jurisprudence like a hurricane. Others slip into the law books quietly, like the proverbial cat’s paws. Today’s Court decision in Marvin M. Brandt Revocable Trust v. United States falls into the latter category: largely overlooked by Court followers and the media, but with the potential to have …

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Breaking News: Interior Nominee Blocked

HuffPost reports: Republicans have blocked President Barack Obama’s pick for the No. 2 job at the Interior Department because of a flap over oil leases in Utah. In a 57-39 Senate vote, Democrats fell short of the 60 votes they would have needed to advance the nominee past GOP obstacles. It’s the first time Republicans …

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