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- Title
THE BIRTH, DEATH, AND AFTERLIFE OF THE WILD LANDS POLICY: THE EVOLUTION OF THE BUREAU OF LAND MANAGEMENT'S AUTHORITY TO PROTECT WILDERNESS VALUES.
- Authors
BRUMFIELD, OLIVIA
- Abstract
Since the enactment of the Federal Land Policy and Management Act (FLPMA) in 1976, the Bureau of Land Management (BLM) has had a troubled relationship with wild lands, the nations last remaining places with wilderness characteristics. Although for twenty-five years BLM recognized wilderness values as resources it must balance and protect consistent with the agency's multiple use mandate, in 2003 BLM largely disclaimed that interpretation, potentially imperiling future protection of wild lands that were not designated as wilderness or wilderness study areas. Since then, the agency has made incremental-but potentially powerful-steps toward reclaiming a view of its authority that could afford more protection for yet-undesignated wild lands. Although BLM's current policy does not provide as strong of "default" protection for wild lands as it did before 2003, it does direct the agency to survey and consider wild lands in all land plans and project approvals. This Note traces the evolution of BLM's interpretation of its duty and authority under FLPMA to manage lands with wilderness characteristics. The Note concludes that, although BLM's view of its responsibility toward yet-undesignated wilderness has narrowed, the recent controversial Wild Lands Policy and ensuing agency guidance re-acknowledge wilderness values as a legitimate FLPMA resource to be protected. However, whether and how the agency will use its reclaimed authority to meaningfully protect the nations remaining vulnerable federal public wild lands remains uncertain.
- Subjects
UNITED States; UNITED States. Bureau of Land Management; STATE statutes (United States); WILDERNESS area laws; LAND use; UNCERTAINTY -- Social aspects; JUDGE-made law; UNITED States. Wilderness Act; GOVERNMENT agencies; PLANNING; GOVERNMENT agency rules &; practices
- Publication
Environmental Law (Lewis & Clark Law School), 2014, Vol 44, Issue 1, p249
- ISSN
2831-9028
- Publication type
Article