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John Leshy on the Constitutionality of Public Lands

Published on: Author: Dave Owen

Must the federal government turn over federal public lands to the states? Several years ago, the Utah Legislature appropriated several hundred thousand dollars to study this very question. Not surprisingly, since the study was written by attorneys who hoped to litigate these same claims, the answer was “yes.” This was not exactly a new position.… Continue reading

Dave Owen on the Conservative Turn Against Compensatory Mitigation

Published on: Author: John Leshy

In his new article titled “The Conservative Turn Against Compensatory Migration,” published earlier this year in Environmental Law, Professor Dave Owen starts with a question that has puzzled more than a few observers of environmental regulation over the past year or so; namely, why has the Trump Administration (through Interior Secretary Ryan Zinke) denounced, and appeared to abandon, an idea long embraced by many conservatives, of permitting resource… Continue reading

Dave Owen on Debunking the Myths of Environmental Law

Published on: Author: David Takacs

In his scholarly works, Professor Dave Owen often starts by telling the story that everyone knows about a certain central doctrine of environmental law, and then uses empirical data to meticulously pick apart why that narrative that everyone knows is right is actually wrong. In so doing, he’s not just trying to skewer sacred cows;… Continue reading