Public Lands
The Wild & Scenic Rivers Act Turns 50
Celebrating a Half Century of Protecting America’s Rivers–& Hoping for More River Conservation Ahead
1968 was an especially tumultuous year in modern American history. The nation endured the assassinations of both Martin Luther King, Jr. and Robert F. Kennedy; then-President Lyndon Johnson announced he would not seek reelection due to growing public dissatisfaction with the government’s conduct of the Vietnam War; and protests and riots consumed Chicago, Detroit, Washington, …
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CONTINUE READINGWildfires: Managing the Risks
How can we limit the spread of wildfires and save people and property?
Wildfires are already a serious problem, and climate change will only make the problem worse, as I’ve discussed in my two prior posts. Reducing carbon emissions can help keep the problem from growing, but we need to deal with the risks we’re already facing. That is going to require a portfolio of risk management strategies. We …
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CONTINUE READINGThe Public Trust Doctrine as an Anti-Corruption Weapon
Everything Old Is New Again
As Rick noted a couple of weeks ago, the California Court of Appeal has recently decided that the public trust doctrine applies to groundwater resources — a long overdue holding that flows (so to speak) pretty much directly from the landmark Mono Lake decision that applied the PTD to surface water. (Since surface and groundwater …
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CONTINUE READINGSouth Carolina Federal Court Blocks Trump EPA Attempt to Suspend Clean Water Rule
G. H. W. Bush Appointee Issues Nationwide Injunction Because Agency Rescinded Prior Rule Without Public Discussion of the Rule’s Merits
Today, Hon. David Norton of the Federal District Court for the District of South Carolina (an appointee of George H. W. Bush) issued a nationwide injunction barring the implementation of the so-called “Suspension Rule” that effectively rescinded the Waters of the United States Rule (also called the WOTUS Rule or the Clean Water Rule) previously issued …
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CONTINUE READINGSecretary Zinke Misleads the Public About Wildfires and Federal Public Land Management
Secretary of Interior’s Op-Ed Ignores Science and Land-Use Planning to Falsely Blame Wildfire Risk on “Radical Environmentalists”
Interior Secretary Ryan Zinke published an op-ed today calling for “active management” of our federal public lands to reduce wildfire risk, and blaming “radical environmentalists who would rather see forests and communities burn than see a logger in the woods” for the prevalance and lethality of wildfires in the American West. Zinke’s op-ed is disingenuous, …
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: ESA Regulations
Administration proposes subsantial revisions to the regulations that implement the Endangered Species Act
One of the most important statutes for management of federal public lands is the Endangered Species Act (ESA). It’s important because it requires all federal agencies to avoid jeopardizing the existence of listed endangered and threatened species through their actions, and also to avoid adversely modifying critical habitat for those species. That means when the …
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CONTINUE READING1½ Years of Trump
Where are we, after continual environmental assaults by Trump, Pruitt, and Zinke?
Trump has been in office for a year and a half. Where do thing stand? How permanent will the damage be to environmental protection? Answer: bad, but not nearly as it might have been. The degree of resistance especially impressive when you consider the circumstances just how much of American government is controlled by Republicans. …
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CONTINUE READINGPublic Lands Watch: NEPA Regulations
Administration asks for ideas about how to revise regulations implementing NEPA
A key statute for public lands management is not specific to any of the federal land management agencies or any specific land categories or activities. Instead, it is a statute that applies generically to all federal government activities: the National Environmental Policy Act (NEPA). NEPA, in short, requires the federal government to thoroughly analyze significant …
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CONTINUE READINGUCLA Law Wells Environmental Law Clinic Files U.S. Supreme Court Brief on Behalf of Scientists in Endangered Species Act Case
Scientists’ Brief Argues Federal Agencies and Courts Must Use Science in Interpreting “Habitat” Under the Endangered Species Act; Clinic Clients Include Profs. Stuart Pimm & E.O. Wilson, Along With Three MacArthur “Genius” Award Recipients & Ten Other Esteemed Scientists
Congress enacted the Endangered Species Act in 1973 to protect species at risk of extinction. Congress viewed species extinction as an urgent threat requiring urgent, decisive action. The result was a bipartisan law designed to apply scientific knowledge and expertise to managing the threats to U.S. species. While the Act has been controversial, and characterized …
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