A curious provision of the Immigration and Nationality Act (INA) precludes class actions challenging expedited removal, the system of fast-track deportations for individuals who have recently entered the country. The …
Introduction “Judge Blocks Trump . . . .”[2] This headline became a media staple when reporting on lawsuits challenging various Trump Administration policies—many of which sought injunctive relief on a nationwide scale. Two …
Read more “Seeing Beyond Courts: The Political Context of the Nationwide Injunction”
Introduction of Secretary Jewell as Keynote Speaker Martz Winter Public Lands Symposium Getches-Wilkinson Center March 1, 2019 John Leshy, who served eight years as Interior Department Solicitor under Bruce Babbitt, …
Introduction Since the 1970s, Indian policy has been guided by a federal commitment to tribal self-governance. The exact contours of this policy differ, but at a minimum, it is supposed …
Read more “Decolonization: Treaties, Resource Use, and Environmental Conservation”
The major federal public land management agencies (the Forest Service, Bureau of Land Management, Park Service, Fish & Wildlife Service, and Department of Defense) have increasingly adopted a language that …
Introduction The Endangered Species Act (ESA) is among the strongest biodiversity protection laws anywhere in the world.[2] Its animating principle is that we, as a society, should do whatever it …
Absolutely American, absolutely democratic, they reflect us at our best rather than our worst. . . . The national park idea, the best idea we ever had. –Wallace Stegner[2] [P]arks …
Read more “Not yet America’s Best Idea: Law, Inequality, and Grand Canyon National Park”
The United States’ infrastructure is in trouble. Tunnels are falling apart,[2] and water pipes are lead-laced.[3] Independent analyses rate U.S. infrastructure an appalling D+,[4] and countless government studies confirm the …
President Donald Trump promised on the campaign trail that he would make American energy “great again.”[2] He explained that much of the nation’s energy resources remained untapped and that the …
Citizen suits are frequently cited as an essential legal innovation by virtue of their capacity to provide a backstop to lax or ideologically antagonistic administrations. Drawing on data from fifteen …
Read more “Reevaluating Environmental Citizen Suits in Theory and Practice”