5 Nat. Resources L. Newsl. 1 (1972)

handle is hein.journals/trends5 and id is 1 raw text is: 
















MESSAGE FROM THE CHAIRMAN

The Natural Resources Law Section has become increasingly
active over the past several years.
  We believe the organized Bar has an obligation to the public
to take positions on legal matters of major concern to our
country. The Section had three substantive resolutions before
the House of Delegates at its Annual Meeting in New York.
One resolution pertained to the Public Land Law Review
Commission's Report, one on the Recommendation of the
President's Advisory Council on Executive Reorganization
concerning the Federal Power Commission, and one on federal
reservations of water rights. The first two resolutions were
adopted, and the third was deferred to the Mid-year Meeting.
The Council of the Natural Resources Law Section adopted a
resolution on citizens' suits at its Annual Meeting. This
resolution  is now   circulating among the sections and
committees of the ABA, and will be presented to the House of
Delegates at its Mid-year Meeting. The Public Lands
Committee of our Section is now coordinating work on a
resolution dealing with the proposed Department of Natural
Resources. The Marine Resources Committee is preparing a
resolution on the President's proposal concerning resources
under the continental shelf and abyssal sea. These resolutions
should be ready for consideration by the Council of the
Section at the Mid-year Meeting, and, if approved by the
Council, would be presented to the House of Delegates at its
Annual Meeting in San Francisco.
  We also believe the Section has an obligation to serve the
profession in the natural resources law field. The Natural
Resources Lawyer, published quarterly and now completing its
fourth year, is a highly regarded law review type journal,
carrying articles and other material of special interest to
attorneys practicing in the natural resources field. This
Newsletter, also published quarterly, is used to communicate
matters of current interest to our members. We have held four
National Institutes, the most recent one in October on the
Law of the Environment.
  These activities do not happen by accident. They require
hard work, and most of it is generated through our substantive
committees. These committees need your help. If you are not
already serving and would like to do so, I would urge you to
complete the form provided in this Newsletter, showing your
committee preferences.
                                  J. P. Hammond, Chairman


RECENT DECISIONS

The early fall of 1971 saw two judicial decisions of
significance to the future development of our nation's timber
resources. The first of the-e, Parker v. United States, 3 ERC
1134, handed down by the United States Court of Appeals for
the 1Oth Circuit on October 1, 1971, concerns the application
and effect of Section 3(b) of the Wilderness Act of 1964, 16
U.S.C. Section 1132(b) to National Forest Lands contiguous
to primitive or wilderness areas.
  Section 3(b) of the Wilderness Act prescribed a procedure by
which the Secretary of Agriculture would study and report to
the President, and the President would recommend to the
Congress, which areas then classified as primitive should be
preserved as wilderness, and further provided:
  Nothing herein contained shall limit the President in
  proposing, as part of his recommendations to Congress, the
  alteration of existing boundaries of primitive areas or
  recommending the addition of any contiguous area of
  national forest lands predominantly of wilderness value.
The characteristics of a wilderness were defined by statute. 16
U.S.C. Section 1131(c).
  As many Newsletter readers know, Parker arose from a
decision by the United States Forest Service to conduct a
timber sale in lands contiguous to the Gore Range-Eagles Nest
Primitive Area in the White River National Forest in Colorado.
Upon protest an original sale designation, which covered an
area bordering the primitive area, was cancelled, and a new sale
ordered covering a lesser timber volume to be taken from an
area near, but not contiguous to the primitive area. In each
case the Forest Service had made a determination that the area
to be included in the sale was not one which should be
included within a wilderness area by the Congress upon the
completion of the review ordered by Section 3(b) of the
Wilderness Act.
  The second sale was auctioned, whereupon the Sierra Club
and others brought suit in the United States District Court for
the District of Colorado to enjoin performance of the sale
contract. After hearing, the trial court granted the relief
sought, in a judgment determining as a fact that the contract
pertains to an area that is both predominantly of wilderness
value and contiguous to a primitive area, enjoining the sale and
harvest of timber in that area pending determination by the
President and the Congress regarding the area's inclusion in a
wilderness area, and requiring that the area of the sale be
included by the Secretary of Agriculture in the suitability

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