Public Lands

Finally, some good news from Congress

The Senate voted 51-49 Wednesday morning against considering a resolution to repeal Obama-era regulations targeting methane emissions from oil and gas operations on federal lands. The Senate was considering whether to vote on rolling back the rule under the Congressional Review Act, which allows the Senate to repeal rules within 60 days of enactment. Three …

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Politicians and Commentators Who Criticize Recent National Monuments Are Making Up Their Own Version of History

Republican Presidents from Teddy Roosevelt to Herbert Hoover Designated Millions of Acres Under the Antiquities Act

As several colleagues and I noted here recently, President Trump recently issued an executive order that will result in “review” of national monuments created since 1996.  (The Antiquities Act grants Presidents the authority to reserve federal lands as national monuments, protecting them from much new resource extraction and development that would otherwise potentially be available on those …

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Public Lands Watch: Omnibus Appropriations

No significant new policy riders in the Omnibus Appropriations bill

Late last night, a bipartisan agreement was reached for funding the federal government through the rest of Fiscal Year 2017.  These omnibus appropriations bills often are a tool for inserting riders that impose significant restrictions on how agencies manage the public lands.  However, this year there are no new significant policy riders inserted in the …

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National Monuments: Presidents Can Create Them, But Only Congress Can Undo Them

Authored by Nicholas Bryner, Eric Biber, Mark Squillace, and Sean B. Hecht

Bears Ears National Monument, Utah. Bob Wick, BLM/Flickr, CC BY This article was originally published on The Conversation. Read the original article. On April 26 President Trump issued an executive order calling for a review of national monuments designated under the Antiquities Act. This law authorizes presidents to set aside federal lands in order to …

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This Wolf Came as Dressed as a Wolf

Trump’s views on energy & environment were clear before the election. He’s doing what he said.

In terms of energy and environmental issues, Trump has turned out to be as advertised. Last June, I did a post contrasting Clinton and Trump’s views about the environment. Below, I revisit the June post in order to compare what Trump said before Election Day and what he’s done since. In case you’ve forgotten, Clinton’s position …

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National Monuments Under Trump

Does the Antiquities Act give the President the authority to revoke national monument designations?

Debate on the Antiquities Act continues in the early months of the Trump Administration. Opponents of Obama’s recently-proclaimed Bears Ears National Monument (see earlier post) have pushed for Trump to revoke or significantly alter the designation, fueling debate as to whether a president has the authority under the Antiquities Act to do so. By way …

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Can California keep its federal lands public?

SB 50, introduced in State Senate, seeks to retain public ownership of federal lands in the state

There’s been a fair amount of national debate lately about whether federal public lands in the West should be transferred to state or private ownership. Rep. Chaffetz (R) from Utah had introduced a bill to transfer millions of acres of federal land in a range of Western states to private or state ownership – he …

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Public Lands Watch: House Joint Resolution 69

House passes resolution to nullify regulation restricting hunting on Alaska National Wildlife Refuges

Additional update: The President signed SJR 69. Update: The Senate just passed S.J.R. 69. The House voted last week to pass House Joint Resolution 69. The resolution disapproves of the Fish & Wildlife Service rule, “Non-Subsistence Take of Wildlife, and Public Participation and Closure Procedures on National Wildlife Refuges in Alaska,” which was finalized on …

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Public Lands Watch: HJR 44

Resolution would eliminate updates to planning process for BLM lands

Final Update:  The President signed the resolution. Update #2:  It just passed the Senate 51-48. Update:  This is currently being considered in the Senate as Senate Joint Resolution 15. House Joint Resolution 44 – A proposal to overturn the BLM’s Planning 2.0 rule for preparing and amending resource management plans. Today the House passed HJR …

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How States Can Defend Themselves Against Trump

States have a number of tools for protecting their own environments from the Feds.

Suppose the Trump Administration launches environmentally harmful projects in a state or wants to allow more pollution there than the state wants.  Does the state have any possible recourse? The answer is yes, although states’s defenses have their limitations.  There are a number of mechanisms states can use to defend their own environments, if not the …

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