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This casebook is an authoritative introduction to the study of public land and resources law. Case studies, case notes, and examples illustrate points under consideration. Thought-provoking questions generate classroom discussion and hone students' legal reasoning. Representative topics include authority on public lands, wildlife resource, preservation, resource, and history of public land law.
How it is that the United States—the country that cherishes the ideal of private property more than any other in the world—has chosen to set aside nearly one-third of its land area as public lands? Now in a fully revised and updated edition covering the first years of the Trump administration, Randall Wilson considers this intriguing question, tracing the often-forgotten ideas of nature that have shaped the evolution of America’s public land system. The result is a fresh and probing account of the most pressing policy and management challenges facing national parks, forests, rangelands, and wildlife refuges today. The author explores the dramatic story of the origins of the public domain, including the century-long effort to sell off land and the subsequent emergence of a national conservation ideal. Arguing that we cannot fully understand one type of public land without understanding its relation to the rest of the system, he provides in-depth accounts of the different types of public lands. With chapters on national parks, national forests, wildlife refuges, Bureau of Land Management lands, and wilderness areas, Wilson examines key turning points and major policy debates for each land type, including recent Trump Administration efforts to roll back environmental protections. He considers debates ranging from national monument designations and bison management to gas and oil drilling, wildfire policy, the bark beetle epidemic, and the future of roadless and wilderness conservation areas. His comprehensive overview offers a chance to rethink our relationship with America’s public lands, including what it says about the way we relate to, and value, nature in the United States.
In this historical and comparative study, Christopher McGrory Klyza explores why land-management policies in mining, forestry, and grazing have followed different paths and explains why public-lands policy in general has remained virtually static over time. According to Klyza, understanding the different philosophies that gave rise to each policy regime is crucial to reforming public-lands policy in the future. Klyza begins by delineating how prevailing policy philosophies over the course of the last century have shaped each of the three land-use patterns he discusses. In mining, the model was economic liberalism, which mandated privatization of public lands; in forestry, it was technocratic utilitarianism, which called for government ownership and management of land; and in grazing, it was interest-group liberalism, in which private interests determined government policy. Each of these philosophies held sway in the years during which policy for that particular resource was formed, says Klyza, and continues to animate it even today.
Leasing public land has been advocated as a viable land tenure option for former socialist countries and other transitional economies. However, the debate about land tenure has been influenced more by ideology and preconceptions than by lessons drawn from careful study of existing leasehold systems. This new publication offers a thorough examination of public leasehold systems around the world and presents insightful recommendations for the future role of such systems. Leasehold is a flexible form of land tenure that can be designed to provide an ongoing stream of revenue to finance public infrastructure. What is crucial to the success of leasehold systems is the design and development of appropriate institutions and organizations to, among other things, clearly define property rights and values and provide for effective administration.
"The public lands of the western United States comprise some 450 million acres of grassland, steppe land, canyons, forests, and mountains. It's an American commons, and it is under assault as never before. Journalist Christopher Ketcham has been documenting the confluence of commercial exploitation and governmental misconduct in this region for over a decade. His revelatory book takes the reader on a journey across these last wild places, to see how capitalism is killing our great commons. Ketcham begins in Utah, revealing the environmental destruction caused by unregulated public lands livestock grazing, and exposing rampant malfeasance in the federal land management agencies, who have been compromised by the profit-driven livestock and energy interests they are supposed to regulate. He then turns to the broad effects of those corrupt politics on wildlife. He tracks the Department of Interior's failure to implement and enforce the Endangered Species Act--including its stark betrayal of protections for the grizzly bear and the sage grouse--and investigates the destructive behavior of U.S. Wildlife Services in their shocking mass slaughter of animals that threaten the livestock industry. Along the way, Ketcham talks with ecologists, biologists, botanists, former government employees, whistleblowers, grassroots environmentalists and other citizens who are fighting to protect the public domain for future generations. This Land is a colorful muckraking journey--part Edward Abbey, part Upton Sinclair--exposing the rot in American politics that is rapidly leading to the sell-out of our national heritage"--
In shaping modern Mexico, few events have been more crucial than the division of public lands. Drawing on previously untapped sources, Holden offers the first systematic study of prerevolutionary Mexico's public land surveys. He examines the role of private survey companies hired by the governments of Manuel Gonzalez and Porfirio Diaz, demonstrating that the companies were both the agents and the beneficiaries of the greatest single movement of public property in Mexico's history. In a controversial process involving land holders, judges, lawyers, and politicians, survey companies reaped in compensation one-third of all the land they surveyed. Holden reports that in one decade, from 1883 to 1893 up to fifty private companies received 18.4 million hectares of land, approximately one-tenth the total area of Mexico. Basing his study on official archival records, Holden details the conflicts between private and public interests, challenging long-held impressions about the surveying companies. He shows how the state used private surveyors to insulate itself from the politically risky consequences of the surveys. Rejecting the view that the companies were the instruments of a land-hungry elite that worked along-side a corrupt government to plunder the peasantry, he concludes that the federal government generally respected land holders' claims in disputes with the surveyors. Arguing that the Mexican government acted more flexibly and autonomously than has been recognized, Holden explores the state's management of such conflicting interests as maintaining peace in the countryside and furnishing clear titles to property. He interprets government attempts to "recover" survey-company land grants after 1920 mainly as efforts to strengthen state authority in the countryside.
How public land has been stolen from us. Much has been written about Britain's trailblazing post-1970s privatization program, but the biggest privatization of them all has until now escaped scrutiny: the privatization of land. Since Margaret Thatcher took power in 1979, and hidden from the public eye, about 10 per cent of the entire British land mass, including some of its most valuable real estate, has passed from public to private hands. Forest land, defence land, health service land and above all else local authority land- for farming and school sports, for recreation and housing - has been sold off en masse. Why? How? And with what social, economic and political consequences? The New Enclosure provides the first ever study of this profoundly significant phenomenon, situating it as a centrepiece of neoliberalism in Britain and as a successor programme to the original eighteenth-century enclosures. With more public land still slated for disposal, the book identifies the stakes and asks what, if anything, can and should be done.
Forest Plans of North America presents case studies of contemporary forest management plans developed for forests owned by federal, state, county, and municipal governments, communities, families, individuals, industry, investment organizations, conservation organizations, and others in the United States, Canada, and Mexico. The book provides excellent real-life examples of contemporary forest planning processes, the various methods used, and the diversity of objectives and constraints faced by forest owners. Chapters are written by those who have developed the plans, with each contribution following a unified format and allowing a common, clear presentation of the material, along with consistent treatment of various aspects of the plans. This work complements other books published by members of the same editorial team (Forest Management and Planning, Introduction to Forestry and Natural Resource Management), which describe the planning process and the various methods one might use to develop a plan, but in general do not, as this work does, illustrate what has specifically been developed by landowners and land managers. This is an in-depth compilation of case studies on the development of forest management plans by the different landowner groups in North America. The book offers students, practitioners, policy makers, and the general public an opportunity to greatly improve their appreciation of forest management and, more importantly, foster an understanding of why our forests today are what they are and what forces and tools may shape their tomorrow. Forest Plans of North America provides a solid supplement to those texts that are used as learning tools for forest management courses. In addition, the work functions as a reference for the types of processes used and issues addressed in the early 21st century for managing land resources. - Presents 40-50 case studies of forest plans developed for a wide variety of organizations, groups, and landowners in North America - Illustrates plans that have specifically been developed by landowners and land managers - Features engaging, clearly written content that is accessible rather than highly technical, while demonstrating the issues and methods involved in the development of the plans - Each chapter contains color photographs, maps, and figures