Public Lands Law

Approximately 75% of land in Utah is public land–67% federally managed and 7% managed by the state. Currently there are many threats to these lands that include a burgeoning oil and gas industry, livestock grazing, logging, water diversions, mining, as well as other threats. One federal law, the Endangered Species Act, requires that federal agencies conduct their activities so that harm is reduced or eliminated to species that are listed either as “endangered” or “threatened” under the Endangered Species Act.

Another law, the National Environmental Policy Act (NEPA), requires that federal agencies follow prescribed procedures in analyzing the impacts of a major federal project that significantly affects the quality of the environment. Many times questions are raised whether a federal agency followed prescribed procedures under the NEPA. If these precedures are not followed there will often be an argument to be made that the proposed project should not move forward. The pertinent facts for different federal project often vary greatly and so if you have a question about a specific project please contact me.