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Article: Questioning the rule of capture metaphor for nineteenth century public land law: a look at R.S. 2477.(The Rule of Capture and Its Consequences)
- Article from:
- Environmental Law
- Article date:
- September 22, 2005
- Author:
CopyrightCOPYRIGHT 2005 Lewis & Clark Northwestern School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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I. INTRODUCTION
II. WAS THE NINETEENTH CENTURY REALLY THE CENTURY OF CAPTURE?
III. ROADS ON THE PUBLIC LANDS
A. Federal Support of Road Building and Rights-of-Way on the
Public
Lands
B. Roads and the Environment.
C. The Benefits of Road Building
IV. UNTANGLING R.S. 2477
A. R.S. 2477: Federal or State Law?
1. Pre-FLPMA Interpretation of R.S. 2477
2. The Carter Years
3. The Reagan Years
4. The Clinton Years
5. The Bush Years
B. R.S. 2477.'A Rule of Capture?.
V. CONCLUSION
VI. EPILOGUE
I. INTRODUCTION
The literature of public land and natural resources ...