Andy Kerr

Conservationist, Writer, Analyst, Operative, Agitator, Strategist, Tactitian, Schmoozer, Raconteur

Congress

As the Courts Change, So Must Public Lands Conservation Look More to Congress (Part 2)

As the Courts Change, So Must Public Lands Conservation Look More to Congress (Part 2)

What is necessary is nothing less than a near-total reinvention of the environmental movement—not in what we stand for but in how we work.

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Abolish the BLM and Replace It with a U.S. Desert and Grassland Service

Abolish the BLM and Replace It with a U.S. Desert and Grassland Service

Born in 1946 out of a merger between the federal General Land Office (est. 1812) and the U.S. Grazing Service (est. 1934), the present-day Bureau of Land Management (BLM) reflects its parentage by continuing to serve as partner or handmaiden to exploiter interests. For most of its history the BLM has been a mere custodian of the federal public lands left over from the great historic giveaways to homesteaders, railroads, loggers, ranchers, and miners, and after the creation of the national forests, wildlife refuges, parks, and military reservations. However, these remaining public lands are valuable for wildlife habitat, watershed protection, carbon sequestration, and recreation and should no longer be left in the domain of the extractive industries.

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The Constitutionality of Federal Public Lands

Ammon Bundy has recently testified that they expected to be charged with trespass, from which they could then mount a defense that what they did was not illegal because the federal government owning the Malheur National Wildlife Refuge (and almost all other public lands) was unconstitutional.

Based on the settled case law surrounding public lands and the facts surrounding their occupation, insanity—temporary or otherwise—may be a better defense.

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