1. OUR COMMON GROUND: AN APPRECIATIVE ESSAY ON JOHN LESHY'S PUBLIC LAND LAW HISTORY.
- Author
-
BLUMM, MICHAEL C.
- Subjects
PUBLIC lands ,CUTOVER lands ,FOREST reserves - Abstract
John Leshy, one of the foremost scholars and practitioners of public land law, has written a magnum opus on the subject and its long history. Public land law's origins date back before the founding of the United States, as Leshy's history makes clear. The book carefully traces this long history through two-and-a-half centuries and some six hundred pages of splendid analysis. There are some surprises along the way, such as Leshy's emphasis on the importance of section 24 of the 1891 Forest Service Creative Act, which he considers among the most important public land laws; his reference to the 1911 Weeks Act, authorizing purchase of eastern cutover lands for new national forests as the nation's first environmental restoration statute; and his contention that the Wilderness Act of 1964 has had a much greater influence on public land law than its current 111 million acres might suggest. The book highlights the collaborative nature of the executive and the courts with Congress--which possesses the ultimate constitutional authority--in making public land policy. Leshy also emphasizes the important political role played by the states in shaping public land law and policy. His prescriptions for the future are mostly optimistic if Congress would supply adequate funding for land managers and successful implementation of a program of buying out federal land graziers, the most dominant extractive use in an era that now emphasizes the recreational, ecological, and inspirational values of public lands. Leshy's masterful account is sure to become a standard reference for public land practitioners and scholars for years to come. [ABSTRACT FROM AUTHOR]
- Published
- 2023