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S.J. Quinney College of Law

Alternatives to a Federal Land Takeover Explored in New Research from Stegner Center

Posted on September 27, 2016August 12, 2020 by Jonelle White

Keiter_Ruple_735px_ku9f6kThe Wallace Stegner Center for Land, Resources & the Environment at the University of Utah’s S.J. Quinney College of Law released a research paper on March 2, 2016, on “Alternatives to the Transfer of Public Lands Act.” The paper discusses the causes of frustration that give rise to efforts to seize control of federally managed public lands and offers alternatives to state threats to sue for control of these lands.

Professors Bob Keiter and John Ruple present five challenges that give rise to the frustrations driving efforts to take over federally managed public lands, including a landscape that is badly fragmented by multiple land managers, many of whom are badly underfunded and who manage at cross purposes. The authors then present seven alternatives to demanding title to the public domain that they believe are more likely to produce lasting and tangible land management improvements. These suggestions include ways to use existing federal laws to harmonize a badly fragmented landscape and to improve state and federal management cooperation. They also include examples of successful federal-state collaboration in addressing land management challenges and suggest that much can be learned from these efforts.

This March 2016 paper is a follow-up to three earlier papers: A Legal Analysis of the Transfer of Public Lands Movement,” “The Transfer of Public Lands Movement: Taking the ‘Public’ Out of Public Lands,” and “When Winning Means Losing: Why a State Takeover of Public Lands May Leave States Without the Minerals They Covet.” In the first of these papers Professors Keiter and Ruple concluded that Utah has no legal basis to demand title to federal public lands. In the second paper, they concluded that even if states did succeed in taking over public lands, the public would have less input into land management, and all who use what are now public lands would see the cost of access and use increase substantially. In their third paper, they concluded that even if states did succeed in taking over public lands, federal law would bar transfer of mineral bearing lands and leave the state without the revenue need to manage the newly acquired property.

University Distinguished Professor of Law Bob Keiter, Director of the Stegner Center, and John Ruple, Associate Professor of Law (Research), authored the paper. According to the authors: “While we have been critical of Utah’s efforts to seize control of the public lands, we appreciate the frustration that many feel over public land management. Our paper provides concrete examples of how to address the underlying causes of these frustrations — examples that have a higher likelihood of success and which would come at a lower cost to the state. We hope this paper starts a constructive conversation about how to begin addressing public land management challenges and secure a bright future for all who care about and depend upon our public lands.”

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Stegner Newsletter - Fall 2016

Director’s Message

  • Director’s Letter

News of Note

  • University of Utah’s Environmental & Natural Resources Law Program is Top Ten--Again
  • ESRR Endowment Fund for Wallace Stegner Center Increased to $5 million
  • The Naming of the Robert B. Keiter Conference Room
  • College of Law Building Awarded LEED Platinum Certification

Stegner Center Events

  • Stegner Center’s 22nd Annual Symposium: “Water in the West: Exploring Untapped Solutions”
  • Professor Sanne Knudsen Joins Stegner Center as 12th Annual Young Scholar
  • Stegner Center 2016-2017 Events
  • Stegner Center 2015 to 2016 Year in Review

Faculty News

  • Faculty Updates
  • Professor Craig appointed to IUCN World Commission on Environmental Law
  • Water law Down Under: Professor Craig Teaches at University of Tasmania School of Law
  • New Research by Law School’s EDR Program Associate Director Rumore is Altering the Game of Climate Change

Program Update

  • Environmental Dispute Resolution Program Update
  • Research Fellows Program Update
  • Alternatives to a Federal Land Takeover Explored in New Research from Stegner Center
  • Environmental Law Clinic Update

Student News

  • Stegner Center Student Scholarship Recipients and Writing Awards
  • Stegner Center Students Awarded Array of Scholarships
  • Behle Fellows Program
  • Stegner Center Student Team Competes in Pace University Jeffrey G. Miller National Environmental Law Moot Court Competition
  • Stegner Center Student Teams Compete in West Virginia University College of Law National Energy & Sustainability Moot Court Competition

Donors

  • Stegner Center Donors 2015 to 2016 Fiscal Year
  • Green Building Fund Donors
  • The S. J. and Jessie E. Quinney Legacy
  • Appeal for Donations
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