wilderness
Minard Run Oil Co. v. United States Forest Service
By Jonathan Thrope
Minard Run Oil Co. v. United States Forest Service (Minard Run II) presents a traditional story with a unique cast of characters. The common law has long established that within a single parcel of property, the surface and the minerals can be separately owned. Where property has been so divided into a “split estate,” the law presumes that the mineral … [Read more…] about Minard Run Oil Co. v. United States Forest Service
American Natures: The Shape of Conflict in Environmental Law
By Jedediah Purdy
There is a firestorm of political and cultural conflict around environmental issues, including, but running well beyond, climate change. Legal scholarship is in a bad position to make sense of this conflict because the field has concentrated on making sound policy recommendations to an idealized lawmaker, neglecting the deeply held and sharply clashing values … [Read more…] about American Natures: The Shape of Conflict in Environmental Law
Wilderness, the Courts, and the Effect of Politics on Judicial Decisionmaking
By Peter A. Appel
Empirical analyses of cases from federal courts have attempted to determine the effect of judges’ political ideology on their decisions. This question holds interest for scholars from many disciplines. Investigating judicial review of the actions of administrative agencies should provide strong evidence on the question of political influence because … [Read more…] about Wilderness, the Courts, and the Effect of Politics on Judicial Decisionmaking