Dedicated to Law, Policy, and Scholarship since 1980
One of the nation's oldest law reviews focused on public lands, natural resources, and Indian law, the Public Land & Resources Law Review is student-edited and based at the University of Montana's Alexander Blewett III School of Law.
Our publications, online journal, and signature events — including the biennial Public Land Law Conference and Jestrab Lecture on Water — connect students, scholars, and practitioners around the legal issues shaping the American West and beyond.
A subsistence hunt in Kake, Alaska, during the COVID-19
pandemic sparked a lawsuit from the State of Alaska Department of Fish
and Game challenging the authority of the Federal Subsistence Board to
open the hunt. This lawsuit is a recent addition to a long history of the
State of Alaska’s resistance to federal enforcement of the Alaska National
Interest Lands Conservation Act provision establishing priority for rural
subsistence users. The Ninth Circuit ultimately affirmed the Federal
Subsistence Board’s authority to open the subsistence hunt.
WildEarth Guardians v. U.S. Dept. of Agric. Animal and Plant Health Inspection
Serv. Wildlife Services considers whether Predator Damage Management (“PDM”)
programs in Wilderness Areas violate the Wilderness Act and whether the United
States Department of Agriculture’s Animal and Plant Health Inspection Service,
Wildlife Services (“Wildlife Services”) violated the National Environmental
Policy Act (“NEPA”) in issuing its Final Environmental Assessment (“EA”) and
Finding of No Significant Impact (“FONSI”). The Court of Appeals for the Ninth
Circuit affirmed its prior holding in Forest Guardians v. Naimal & Plant Health
Inspection Serv., finding that “the Wilderness Act does not prohibit Wildlife
Service from conducting [PDM] operations in Wilderness Areas.” On the NEPA
claim, the Court determined that Wildlife Services’ issuance of the EA and the
FONSI violated NEPA by failing to satisfy the “hard look” requirement. The Court
agreed with the district court’s grant of summary judgment in favor of Wildlife
Services on the Wilderness Act claim but disagreed with its grant of summary
judgment in favor of Wildlife Services on the NEPA claim. The Court’s decision
both maintained continuity in its interpretation of the Wilderness Act as
applied to PDM and distinguished the analytical requirements applicable to
agency environmental assessments under NEPA.