Clear & Convincing: The Proper Evidentiary Standard for R.S. 2477 Claims
I. Introduction Since the enactment of the Wilderness Act in 1964, some western states and counties have become involved in protracted battles over the federal designation of Wilderness within their jurisdictions. Many of these states and counties are composed of significant amounts of federally controlled land – for example, 64.5 percent of the State of Utah is owned and managed by the federal government.[2] For many of these communities, Wilderness is viewed as a threat because it restricts certain revenue-generating activities (e.g. oil or gas Continue reading →