Conservation Rights-of-Way on Public Lands
This abstract is adapted from Justin R. Pidot & Ezekiel A. Peterson, Conservation Rights-of-Way on Public Lands, 55 U.C. Davis L. Rev. 89 (2022), and used with permission.
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American Forest Resource Council v. United States
The D.C. Circuit reversed summary judgment for Oregon counties, trade groups, and timber companies in five lawsuits concerning President Obama's expansion of the Cascade-Siskiyou National Monument. Plaintiffs argued that by outlawing logging on land included in the monument through Proclamation 9564...
Friends of Alaska National Wildlife Refuges v. Haaland
The Ninth Circuit granted DOI's motion to dismiss a long-running land exchange dispute over construction of a road through the Izembek National Wildlife Refuge. The court found the Secretary of the Interior's recent withdrawal of the exchange, which was approved by a previous Secretary, mooted the c...
Murphy Co. v. Biden
The Ninth Circuit affirmed summary judgment for the U.S. government in a challenge to President Obama's issuance of a proclamation expanding the Cascade-Siskiyou National Monument in southwestern Oregon. A timber company argued the proclamation was an invalid exercise of the Antiquities Act because ...
Cascadia Wildlands v. Bureau of Land Management
A district court denied environmental groups' motion for summary judgment in a challenge to BLM's 2020 rule that eliminated the 15-day protest process for timber sales and clarified that an authorizing officer can implement forest management decisions immediately. The groups argued BLM violated the ...
Alaska Department of Fish and Game v. Federal Subsistence Board
The Ninth Circuit reversed in part and vacated in part a district court's decision in a challenge to the Federal Subsistence Board's 2020 approval of two short-term changes to hunting practices on federal land in Alaska—the opening of an emergency deer and moose hunt for a federally recognized tri...
Sault Ste. Marie Tribe of Chippewa Indians v. Haaland
A district court granted summary judgment for DOI in a federally recognized tribe's challenge to the agency's refusal to take land into trust for a casino. The tribe argued DOI misinterpreted the Michigan Indian Land Claims Settlement Act (Michigan Act), and that its refusal violated the APA. The co...
Bartell Ranch v. McCullough
A district court upheld BLM's approval of a proposed lithium mine project in Nevada. Environmental groups, ranchers, and tribes argued the project would cause unnecessary and undue degradation to the local sage-grouse population and habitat, groundwater aquifers, and air quality in violation of FLPM...
Reducing Animal Agriculture Emissions: The Viability of a Farm Transition Carbon Offset Protocol
Animal agriculture is one of the leading sources of greenhouse gas emissions. Carbon offset markets allow entities to reduce their overall climate impact by financing projects that decrease emissions elsewhere. This Article analyzes the viability of an offset protocol that credits farms for transitioning from raising livestock to growing crops, based on the difference in emissions between these operations.
Center for Biological Diversity v. U.S. Bureau of Land Management
A district court vacated two rights-of-way that BLM issued to a company in 2020 to transport water through an existing gas pipeline across federal lands. Environmental groups sought vacatur, arguing the rights-of-way violated FLPMA, NEPA, and the National Historic Preservation Act (NHPA). BLM agreed...