cultural resources

New Scholarship Arguing, “Presidents Lack the Authority to Abolish or Diminish National Monuments”

Matthew L.M. Fletcher2 Comments

Mark Squillace, Eric Biber, Nicholas S. Bryner, and Sean B. Hecht have posted “Presidents Lack the Authority to Abolish or Diminish National Monuments” on SSRN.

Here is the abstract:

By any measure, the Antiquities Act of 1906 has a remarkable legacy. Under the Act, 16 presidents have proclaimed 157 national monuments, protecting a diverse range of historic, archaeological, cultural, and geologic resources. Many of these monuments, including such iconic places as the Grand Canyon, Zion, Olympic, and Acadia, have been expanded and redesignated by Congress as national parks.

While the designation of national monuments is often celebrated, it has on occasion sparked local opposition, and led to calls for a President to abolish or shrink a national monument that was proclaimed by a predecessor. This article examines the Antiquities Act and other statutes, concluding that the President lacks the legal authority to abolish or diminish national monuments. Instead, these powers are reserved to Congress.

Zinke’s “Be Nice” Moment is a Highly Gendered Response

Matthew L.M. Fletcher1 Comment

Here is “Linguist Robin Lakoff on Women, Men and American Talk — Are women bound by a culture of niceness?”, from Moyers, focusing on Secretary Zinke’s aggressive effort to shut down questions from Cassandra Begay.

Video here:

Longer video here: Continue reading →

NYTs: “Battle Over Bears Ears Heats Up as Trump Rethinks Its Monument Status”

Matthew L.M. Fletcher

Here.

The Guardian: “New Mexico’s tribal groups gear up to fight for their home”

Matthew L.M. Fletcher

Here.

Updated Standing Rock/NoDAPL Pleadings (March 21-May 11) [Update: thru May 17]

Matthew L.M. Fletcher

Here are updated pleadings in Standing Rock Sioux Tribe v. United States Army Corps of Engineers (D.D.C.):

194 DAPL Reply re Vance Resp to Ct Order

195 SRST Opp to ACOE & DAPL Mtns for Partial Sum Judg

198 Consol Reply to Motion to Amend Complaint

198 CRST Motion to Extend Time

200 SRST Reply to Motion to Amend Complaint

201 ACOE Reply in Support of Mtn Partial Summ Judg re SRST

203 DAPL Reply in Support of ACOE Cross-Mtn for Partial Summ Judgment

205 Opinion re DAPL Mtn for Protective Order

205 Order re DAPL Mtn for Protective Order

207 CRST Reply in Support of MPSJ & Opp Cross-Mtns

208 CRST Reply in Supp of MPSJ & Opp Cross-Mtns209 Joint Appendix

212 Errata-Joint Appendix

213 DAPL Reply in Support of Mtn for Partial Summary Judgment

214 ACOE Repl Supp Mtn PSJ

216 DAPL Motion to Compel

216-1 DAPL Memorandum in Support of Motion to Compel

217 ACOE Answer

218 Joint Appendix

219 SRST Response to Motion to Compel

220 Intervenor Motion to Supplement the Record

221 Notice of Addition of Documents to the Record

222 Oglala Opp to Mtn to Compel

223 ACOE Resp to Mtn to Compel

224 ACOE Motion to Extend Time

225 DAPL Reply in Support of Motion to Compel

225-1 Debold Dec

226 DAPL Unopp Mtn to Intervene

226-1 Proposed Responsive Pleading

226-2 Answer

ETP Spills Two Million Gallons of Drilling Material in Ohio

Teresa Walrod

Energy Transfer Partners’ Rover Pipeline construction spill mucks up Ohio wetlands

 

HERE.

The Guardian: “Dakota Access pipeline has first leak before pipeline is fully operational”

Matthew L.M. Fletcher1 Comment

Here.

Update on Bears Ears Listening Sessions: In Short, It’s Going As Expected

Matthew L.M. Fletcher2 Comments

Here:

Interior Secretary Orders Protester To ‘Be Nice’ During Visit To Bears Ears: 

Ryan Zinke shook his finger in the face of a woman urging him to meet with tribal leaders.

NYTs: “Will Bears Ears Be the Next Standing Rock?”

Matthew L.M. Fletcher

Here. 

The Wisconsin Experiment

Teresa Walrod1 Comment

“Donald Trump’s war on the environment was prototyped by far-right politicians in state government. We can learn from Indigenous communities who fought back in the name of science and democracy — and won.“

In the opening months of the Trump administration, we have seen concerted attacks on science, environment, and democracy. Climate change denier Scott Pruitt was put in charge of the Environmental Protection Agency, although he could not name a single regulation he favors. Congress revoked rules against dumping mining waste in streams, and the president began rolling back Obama-era climate actions. The draft federal budget includes deep cuts to the EPA, NOAA, and public lands agencies, slashing more than 50 programs, including environmental justice. 1 If dismantling environmental law is the first step toward what White House strategist Steve Bannon calls “the deconstruction of the administrative state,” 2 that’s because it touches everything Trump holds in contempt: empirical evidence, international cooperation, democratic process, the rights of minorities, the future itself.

HERE