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3 Nat. Resources L. Newsl. 1 (1969-1970)

handle is hein.journals/trends3 and id is 1 raw text is: PbsLJ ) edho )y ho V'ol, 3, No. I N 1909 Secionof ahialRe-soturces Law Amena~s ~r Asocitio A NEW FORCE IN THE ADMINISTRATION OF FEDERAL RESOURCES Initial judicial reactions in two recent federal cases suggest the entry of a new force-conservationist organizations-in the administration of lands and resources in the Federal Public Domain. Although the cases involve renewable, above-ground resource management by the Departments of the Interior and Agriculture, they are significant to producers of below-ground, non-renewable resources. At issue is the effect of the Multiple. Use Sustained-Yield Act of 1960 and the Wilderness Act of 1964 upon the future development of all natural resources on federal lands. Also involved is the right of conservation groups, in the role of private attorneys general, to challenge administrative action heretofore considered immune from judicial scrutiny. Parker v. United States et aL, is an action filed in the United States District Court for the District of Colorado to enjoin performance of a contract for the sale of national forest timber. Plaintiffs are recreational-minded individuals and groups, including the Sierra Club. Defendants are the Secretary of Agriculture and Forest Service officials from the Chief of the Forest Service to the Forest Supervisor of the White River National Forest in Colorado. The Forest Service proposed to sell at auction bidding approximately eight million feet of timber on the boundary of the Eagles Nest Primitive Area in the White River National Forest. The area has been proposed as a wilderness area under the 1964 Wilderness Act. In response to objections that the sale would affect the scenic beauty of the primitive area, and prejudice the proposed wilderness classification, the Forest Service created a three- fourths of a mile buffer zone around the area and reduced the sale volume to approximately 4.3 million feet. Kaibab Lumber Company of Phoenix, Arizona, was the successful bidder. Motions to dismiss and for summary judgment have been filed, but an order to show cause has been issued by the Court. It may be heard in the late fall of 1969. Meanwhile, the Forest Service and Kaibab have been enjoined from carrying out the terms of the sale. In the second case the Sierra Club brought an action in the United States District Court in San Francisco to enjoin the National Park Service and the Forest Service from issuing ?ermits to develop the Mineral King Project by Walt Disney John H. Tippit Cecil E. Munn OFFICERS Chairman, John H. Tippit, Denver, Colorado Chairman-Elect, Cecil E. Munn, Fort Worth, Texas Vice-Chairman, Joe P. Hammond, Tulsa, Oklahoma Secretary, William K. Tell, Jr., New York, New York COUNCIL Ex officio, The Officers, Section Delegate, and L. Clair Nelson, Last Retiring Chairman, New York, New York For Term Ending 1970, Northcutt Ely, Washington, D.C., David R. Phipps, Denver, Colorado For Term Ending 1971, J. Thomas Greene, Salt Lake City, Utah, William C. Perry, Jr., Houston, Texas For Term Ending 1972, John B. Howerton, Washington, D.C., Robert C. Keck, Chicago, Illinois For Tern Ending 1973, Joseph W. Morris, Tulsa, Oklahoma, Oliver L. Stone, New York, New York Section Delegate to House of Delegates, Jesse P. Luton, Jr., Houston, Texas (continued on page 2) Joe P. Hammond William K. Tell, Jr.

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