By Professor Robert B. Keiter
Because the twenty first century dawns, public land coverage is coming into a brand new period. This well timed booklet examines the old, medical, political, criminal, and institutional advancements which are altering administration priorities and guidelines - advancements that compel us to view the general public lands as an built-in ecological entity and a key biodiversity stronghold. as soon as the heritage is determined, each one bankruptcy opens with a selected average source controversy, starting from the Pacific Northwest's noticed owl imbroglio to the fight over southern Utah's Colorado Plateau nation. Robert Keiter makes use of those case histories to examine the guidelines, forces, and associations which are either fomenting and retarding switch. even supposing Congress has the ultimate say in how the general public area is controlled, the general public land organizations, federal courts, and western groups are each one taking part in very important roles within the transformation to an ecological administration regime. even as, a newly emergent and homegrown collaborative method stream has given the general public land constituencies a better function in administering those lands. Arguing that we needs to combine the hot imperatives of atmosphere technology with our devolutionary political trends, Keiter outlines a coherent new method of traditional assets coverage.
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Example text
29 Invoking these principles, the Court ruled, in Kleppe v. New Mexico, that Congress could regulate feral horses and burros on the public lands, despite New Mexico’s assertion that they were subject only to state regulation. The courts have also ruled that the property clause power is broad enough so federal legislative authority can be extended beyond the boundaries of the public lands to regulate matters that affect public land or resources. In Minnesota v. Block, for example, the court ruled that Congress could regulate motorized activities on state-owned lands and waters within the federally designated wilderness area to protect critical natural values.
The Federal Land Policy and Management Act of (FLPMA) not only gave the Bureau of Land Management its first organic charter but also subjected the public domain lands to an integrated, multiple-use planning system, and obligated the BLM to protect its lands against undue degradation. In addition, Congress passed several major pieces of environmental protection legislation that had a direct impact on public land management practices. The National Environmental Policy Act of (or NEPA) obligated land management agencies to assess the environmental consequences of their decisions before taking any action, while also providing a vehicle for public involvement in agency decision processes and a basis for judicial review of these decisions.
More recent controversies have pitted local citizens against federal land managers, and entrenched economic interests against newly ascendant environmental advocates. The partisans in these conflicts are well aware that public land policy involves inherently political questions. They have all repeatedly enlisted our governmental institutions to advance their respective agendas, invoking a spectrum of ideas, laws, scientific studies, and policies to support their positions. Over time, once revered ideas have been displaced by newer ones more responsive to contemporary concerns; once favored laws and policies have given way to newer ones with greater currency and legitimacy.