The Western Lands Issue – Part 4

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The political atmosphere and how it impacted the case law In part 3 we examined some of the case law that forced the SCOTUS into a deep examination of the Territorial matter by comparing it to the practice of Congress regarding the Territories in the contiguous US. The court very quickly realized ALL Territorial practices […]

The Western Lands Issue – Part 3

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Where it all went wrong In part 2 we looked at all the Organic (in American Law Organic=Territorial) legislation Congress had passed creating Territorial legislatures and that all the relevant legislation was initiated by the Northwest Ordinance which states that the lands were to be held by the Articles of Confederate system. The American lands […]

The Western Lands Issue – Part 2

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In Part 1, we reviewed the Northwest Ordinance and its purpose as enacted legislation that established a legal framework for the creation of Territorial legislatures and judiciaries and the subsequent process for conversion and acceptance as new states of the union. We also discovered that the Northwest Ordinance language reveals an intent for the Articles […]

Is there Forest Service Bias in Forest Plan Revision?

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Should Forest Service managers with direct oversight for Forest Plan Revision attend (and chair) meetings of an organization that could influence plan revision? Forest Service personnel from the Salmon-Challis National Forest (SCNF) and Intermountain Region office are participating on the Interagency Grizzly Bear Committee (IGBC) in their official capacity while the SCNF is revising the […]

The Western Lands Issue

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I was asked recently what ‘the western lands issue’ means. I use this term when speaking about the 11 western states that have substantial amounts of federally owned land within their borders. If we were making arguments in court as the plaintiff, I would call this ‘the issue at bar’ where the arguments presented would […]

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