Public Lands

Environmental Protection and Conservative Values

Tom Friedman had an interesting column yeserday about conservatism and the environment.  As he points out, the current wave of anti-environmentalism is out of line with Republican traditions: “Teddy Roosevelt bequeathed us national parks, Richard Nixon the Clean Air Act and the Environmental Protection Agency, Ronald Reagan the Montreal Protocol to protect the ozone layer …

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Why We Need Administrative Agencies like EPA

Bureaucrats aren’t very popular.  But consider the alternatives when it comes to dealing with environmental problems.  Basically, bureaucrats are part of the executive branch of government.  For instance, the head of EPA is appointed by the President and can be removed by the President at any time.  (A few agencies such as the SEC enjoy …

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New legislative effort underway to develop public access to the L.A. River

Earlier this year, California State Senator Kevin De Leon introduced SB 1201, a bill that could bolster efforts to open up the Los Angeles River for lawful recreational uses such as boating.  I have a particular interest in this, since UCLA’s Frank G. Wells Environmental Law Clinic worked with the advocacy group Friends of the Los …

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U.C. Davis Issues Nitrates in Drinking Water Study

The University of California at Davis has issued an important new study assessing the public health hazards associated with nitrates in California drinking water. The study, led by U.C. Davis Professors Thomas Harter and Jay Lund, contains some important and disturbing findings.  The full study can be found here, the Executive Summary here. The new …

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Supreme Court Grants Review in Takings/Flooding Case

The U.S. Supreme Court has granted review in what will be the first environmental case of its next (2012-13) Term: Arkansas Game & Fish Commission v. United States, No. 11-597. The ultimate question is whether the federal government is liable for millions of dollars in damages for flooding a 23,000-acre wildlife management area owned by the State …

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Sagebrush rebellion, version 3.1

Some things never seem to change, including the (interior) West’s frustration over the extensive federal land holdings in the region. If you’re old enough, you might recall the Sagebrush Rebellion, which peaked about 1980 with the election of Ronald Reagan, a self-declared sagebrush rebel. (If you want to bone up, the Forest History Society offers …

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New Forest Service planning rule highlights the tension between flexibility and accountability

The Forest Service has now finalized the new planning rule it proposed a year ago. The final rule with preamble runs more than 240 pages. I haven’t yet plowed through it. The blog A New Century of Forest Planning is reporting reactions from a variety of sources. So far, there seem to be a lot …

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Previewing a VERY Big Week for Environmental Law in the Courts

UPDATE: The Associated Press reports that late Sunday, February 26th, U.S. District Court Judge Carl Barbier announced a one-week postponement of the trial in the BP oil spill case that had been scheduled to begin the next day.  The postponement is reportedly due to substantial progress that has been made in marathon settlement talks that …

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U.S. Supreme Court Rejects Montana’s River Ownership Claims

The U.S. Supreme Court has issued its decision in PPL Montana v. State of Montana, a fascinating case that combines the colorful history of the American West, the issue of the public’s access to state waterways, and a dispute over hefty royalties claimed to be owed the State of Montana for unpermitted use of public …

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Ninth Circuit Dumps U.S. Forest Service’s Sierra Plan, Bureaucratic-Speak

The U.S. Court of Appeals recently issued a major decision invalidating the U.S. Forest Service’s 2004 Plan directing the USFS’s management of the 11 national forests (totaling 11.5 million acres) in the Sierra Nevada range.  A divided Ninth Circuit panel found that the environmental impact statement accompanying the Bush Administration plan–which loosened logging and grazing …

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