The Public Lands Rule: Will A New “Conservation and Landscape Health” Paradigm for Federal Lands Survive Judicial Review?

The Bureau of Land Management (BLM) recently adopted comprehensive new land management regulations known as the “Conservation and Landscape Health Rule,” or simply, “the Public Lands Rule.” The rule has spurred litigation challenging the Interior Department’s authority to establish a conservation “overlay” over 245 million acres of federal lands. Some argue that this rule, which aims to “build and maintain the resilience of ecosystems on public lands,” violates the Federal Land Policy Management Act (FLPMA), which requires BLM to “manage the public lands under principles of multiple use and sustained yield” and “regulate, through easements, permits, leases, licenses, published rules, or other instruments as the Secretary deems appropriate, the use, occupancy, and development of the public lands.” In the Public Lands Rule, BLM claims “wide discretion to determine how those [FLPMA] principles [of multiple use and sustained yield] should be applied.” Whether this new rule improperly places “conservation” above other uses of federal lands – for grazing, recreation, energy production, or otherwise – is the subject of heated debate. In this FedSoc Forum, a panel of experts from different vantage points will consider the legal and policy merits of the “Public Lands Rule” and address whether the rule should survive judicial review and/or congressional scrutiny.Featuring:Prof. Sam Kalen, Associate Dean, William T. Schwartz Distinguished Professor of Law, University of Wyoming College of Law Jeffrey Wood, Partner, Baker Botts LLPJonathan Wood, Vice President of Law & Policy, Property and Environment Research CenterModerator: Jim Burling, Vice President of Litigation, Pacific Legal Foundation--To register, click the link above.