Bill passed by house would increase burden on agency for land-use planning
HR 5 The Regulatory Accountability Act (RAA) Passed House 1/11 Received in the Senate 1/12 Referred to the Senate Committee on Homeland Security and Governmental Affairs This post was co-authored by law student Emma Hamilton. On January 11th, the House passed HR 5, the Regulatory Accountability Act of 2017, which includes a provision mandating new …CONTINUE READING
Keeping track of what is happening with our federal public lands
There is a lot of discussion about possible changes in environmental law post-election. One area that has received some attention is public lands. The federal government owns a little less than one-third of the lands of the United States – many of those lands are ecologically valuable, and are components of our priceless national park …CONTINUE READING
Will the Antiquities Act survive the new administration?
With one week left in his second term, President Obama’s “monumental” legacy is again at the forefront. Just yesterday, the President expanded, by proclamation, the Cascade-Siskiyou National Monument in Oregon and the California Coastal National Monument, and created three additional national monuments: the Birmingham Civil Rights National Monument and the Freedom Riders National Monument in …CONTINUE READING
California Supreme Court case indicates substantial authority for states to act
Sean has already reported on the recent Rinehart decision by the California Supreme Court, in which the Court concluded that a state law imposing a temporary moratorium on the use of suction dredge equipment in California waterways was not preempted by federal mining law. Here, I just want to add to Sean’s excellent summary by …CONTINUE READING
Progress, but still much more to do
President Obama has gotten some high praise lately from the New York Times editorial board, and this op-ed from Prof. David Brinkley, a presidential historian at Rice noted for his biography of President Theodore Roosevelt. Brinkley compares Obama favorably to Teddy Roosevelt for his conservation legacy. The specific recent actions by President Obama that prompted …CONTINUE READING
A misguided proposal in Congress
This New York Times article notes that a bill (S. 3205) is pending in Congress to allow mountain bikes in federally-designated wilderness areas. In short, the bill is a terrible idea. First, on the merits, allowing mountain bikes into wilderness areas has the potential for significant impacts both on other humans using wilderness, and on …CONTINUE READING
The GOP favors the Old West of ranching, logging, mining, and oil. The Democrats have a different view.
The Democratic and Republican parties have very different ideas about the 640 million acres of land owned by the federal government, mostly in the West. It’s not just that the party platforms disagree about the balance between preservation and resource exploitation. It’s also that Democrats have a much different vision of the future of the American …CONTINUE READING
On April 8, a federal magistrate judge issued the first major ruling in a California fracking lawsuit, finding that the U.S. Bureau of Land Management (BLM) violated the National Environmental Policy Act (NEPA) by failing to take the necessary “hard look” at the impact of hydraulic fracturing when it sold oil and gas leases in California. …CONTINUE READING
The murder this past weekend of Fort Bragg, California City Councilman Jere Melo puts an all-too-human face on a long-festering environmental crisis. Melo was shot and killed in a remote area in Mendocino County by a squatter who was reportedly growing marijuana on forest lands there. Councilman Melo, whose day job was to manage 150,000 …CONTINUE READING