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

handle is hein.journals/trends3 and id is 1 raw text is: 







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    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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