Pay to Play? The Past, Present, and Future of Recreation Fees on Federal Public Lands
The United States has historically valued free access to most public lands. But federal land management agencies also rely on users’ fee dollars to support critical operations. This tension between “free access” and “user pays” has been an important feature of public land law since the late 1800s. The primary statute at issue is the Federal Lands Recreation Enhancement Act (FLREA), which authorizes fees at some sites while mandating free access at others.
89 FR 6131
United States v. PotlatchDeltic Land & Lumber, LLC, No. 2:24-cv-00043 (D. Idaho Jan. 24, 2024). Under a proposed consent decree, a settling CWA defendant that violated its NPDES permits related to stormwater discharges from its sawmill and lumberyard facility in St. Maries, Idaho, must pay a $225,000 civil penalty and implement injunctive relief and significant mitigation actions.
89 FR 6132
United States v. Reading, City of, No. 04-05696 (E.D. Penn. Jan. 24, 2024). A proposed amendment to a consent decree extends the deadlines for completing remaining capital improvement projects for a settling CWA defendant that violated its NPDES permits, the CWA, and the Pennsylvania Clean Streams law by discharging pollutants into the Schuylkill River, failed to enforce the requirements of its pretreatment program for industrial users, and failed to properly operate and maintain its wastewater treatment plant and systems.
89 FR 5773
EPA approved alternative testing methods for use in measuring the levels of contaminants in drinking water to determine compliance with national primary drinking water regulations under the SDWA.
89 FR 5572
The Bureau of Indian Affairs proclaimed approximately 1,483.03 acres as an addition to the reservation of Pascua Yaqui Tribe.
89 FR 4993
United States v. Swinerton Builders, No. 3:24-cv-00274 (N.D. Cal. Jan. 17, 2024). Under a proposed consent decree, a settling CWA defendant that allegedly violated the Act during construction of solar energy facilities in Alabama, Idaho, and Illinois, must implement significant mitigation actions and pay a $2,300,000 civil penalty.