Federal Public Land and Resources Law : Errata

All errata are listed by page number.

25. In the past decade the IBLA has received 250 to 300 appeals filed each year. Also, the IBLA now sits in panels of two judges unless there is a need for a tie-breaking vote.
29: The total under 1978 in the figure should be 776, not 775.9
40: Second line in last paragraph should read "represent a stark departure from traditional resource management policies. Whereas ecosystem management places a premium on biodiversity conservation and ecological integrity, traditional resource management has"
43: Third line should use the word "basis" not "bases"
44: Fourth line: Congress should be capitalized.
44: Third to last line of first full paragraph should employ a comma after "foundation" not a semicolon.
45: Note 4, first paragraph should begin "What role should science play"
45: Note 4, second paragraph-- the citation should be to Doremus, Science Plays Defense, 32 Ecology L.Q. 249, 253 (2005)
45: Note 4, reference to Huber should have a comma after the "e.g."
46: The first line should not be indented. The block quotation should begin after the colon in the first line.
63: Note 5, phrase after the cite to 544 U.S. 197 (2005) should capitalize "Court"
65: last sentence before the figure: "surveysystem" should be "survey system"
75: Note 8, The word "Conservation" is missing from "Alaska National Interest Lands Conservation Act"
83: Note 4, second line should read "court applied the public trust doctrine to void the conveyance by Illinois of submerged lands under"
89: 9 lines from bottom: One section per township is a little less than 3% (not four percent) of the state's land area.
118: Lines 13 & 14 should read "movement that would first significantly limit, and eventually replace, disposal policy. Conservation would become a critical national"
119: the first two lines on the page don't belong there and should be deleted.
121: line 4 should have a bracket after "Congress" reading "[sic.; probably should be "the constitution"?eds.]"
122: the first two lines on the page merely repeat what was in the previous paragraph and should be deleted.
124: last work of last full paragraph should be capitalized, "West."
125: The caption for the political cartoon should credit "Grey" Towers.
132: line 7: Delete the last two sentences of this paragraph (referring to Udall's characterization of scenic preservation).
139: the movie title "Shane" should be italicized.
141: last two sentences, describing Hoover's proposal, omit a very important fact: he proposed to retain the mineral rights. And for that reason the proposal never gained traction in the states, and therefore never gained traction in Congress.
155: Next to last line of first paragraph under "B. Intergovernmental Immunities & Revenue Sharing" should have a comma after the parenthetical cite, "(Article VI, cl. 2)"
155: Last paragraph "property clause" should be capitalized as "Property Clause"
176: Note 3, delete "If the state had not ceded jurisdiction to the U.S. over the waters of the Park, would the federal regulation still be valid?"
177: Note 8, "property clause" should be capitalized as "Property Clause"
186: Note 5 should begin "The U.S. Supreme Court discussed Section 32 of the Mineral Leasing Act in"
195: Note 5, second line, should read "both FLPMA and NFMA preempt "the extension of state land use plans"
195: The absence of a note number 4 is a proof-reading mistake.
196: Note 7, last sentence should read "(In fact, after the decision Granite Rock abandoned its plan to mine.)"
198: last line of Note 13 should read "in effect establishes a clear default rule of preemption unless Congress explicitly saves some state authority?"
198: Note 14.A., fourth line should read "cow per five acres. Hundreds of ranchers currently hold permits"
209: The term "takings analysis" appears twice where we meant to write "standing analysis." Similarly, "takings test" should be "standing test."
214: Note 5, fifth line should have a "to" between "standing" and "object"
215: Last paragraph under "b. Sovereign Immunity" should begin "A general six-year"
215: Last line should begin "some of the restrictions on"
219: Third paragraph, fourth line from bottom, delete apostrophe after "trees"
225: Second full paragraph, sixth line should read "have often found persuasive, § 706(1) empowers a court only to compel an agency"
227: Note 7, first sentence should end in an period, not a question mark
227: Note 7, next to last line should begin " ?non-impairment? mandate."? "
228: Second paragraph under "e. Committed to Agency Discretion by Law," second paragraph, third to last line should end "as to give the court" instead of "as to give the agency"
228: Third line from the bottom should begin "clearly shows looting and theft are"
230: Eighth line from the bottom should end "are bundled together under the term "arbitrary"
234: Note 3, line six should end with the word "ordinarily" not "ordinary"
239: Note 3, second line, "a" should replace "an"
257: last sentence of Note 4 should begin "The court" instead of "The Court"
265: "Desert Bighorn Sheep" should not be capitalized
266: Note 2, last line should be "measures? effectiveness."
282: The holding in Lincoln v. Vigil should refer to the "history of appropriations"
288: Note 3, third paragraph, line 7 ? delete "and"
289: Note 5, line 5 "shows" should be "show"
289: Note 5, line 7, end of line should be "of the ESA. She shows that"
289: Note 5, line 8 "were" should replace "being"
290: Note 6, line 1, add "an" before amoeba
290: Note 6, line 5 add after the citation: The Act limits "fish and wildlife" to the "animal kingdom."
294: third line, close parenthesis after "p. 256" and before "."
296: Note 1, second paragraph, next to last line, "a "likely affect," then" should read "a likely adverse effect," then"
300: Note 6 reference to Norton v. SUWA should be to p. 268.
301: Last paragraph before "b. The Conservation Duty" should have a comma after "(W.D.Wash.2006)"
301: First line after "b. The Conservation Duty" should refer to "ESA § 7(a)(1)"
307: First line after block quote, add after existing sentence [Eds.: The wording of the regulation, however, had been modified since 1975.]
314: Note 3 change "A dead carcass?" to "A carcass?"
320: Last full paragraph, first mention of Sweet Home should be italicized.
329: Second full paragraph, line 7, insert comma between "limited" and "to"
334: First full paragraph, line 2, "on" should be "an"
336: Note 7, first paragraph, insert period before the close parenthesis
337: Note 8, line 4, replace question mark with period
337: Note 8, fifth line from bottom of the page, insert "land" between "BLM" and "in Utah"
344: last sentence before "The Relationship Between Contract Liability and Takings Issues" heading, "inconsistent" should be "inconsistently"
357: Note 1, insert period before the close parenthesis
363: Second paragraph, line 2, "condition" should be "conditions"
367: Line 2, "Mobil" should be in italics
381: Next to last line of note 1, insert "more" between "and" and "realistic"
386: First paragraph after "a. R.S. 2477 Rights of Way", next to last line, "there are left open" should be "they are left open"
386: last paragraph, line 5, "system" should be "systems"
387: First full paragraph, line 7, insert "and" between "ground," and "provides a textbook"
387: line 12: An "and" is missing after the first clause (i.e. "The opinion covers a lot of ground, AND ...").
400: Note 7, third to last line, "sought to argue" should be "argued"
400: Paragraph under "b. ANILCA Permits" should have a first line indent
402: Note 2, line four, replace "ANILCA" with "16 U.S.C."
402: the block quote at the top, line 7: the word "responsible" should be "reasonable".
404: Third line from bottom should begin "A general delegation by Congress of authority"
411: Note 7, second sentence should end in a period, not a question mark
412: Fifth line from bottom of page, insert date into case citation: "(9thCir.1992)"
412: Fourth line from bottom, "year" should be capitalized
413: Line 10, "trust" should be capitalized
413: First full paragraph, line 2, add hyphen to read "95,000-acre"
413: Fourth line from bottom, both occurrences of "To" should begin with lower case letters
413: Last line should add hyphen to read "11,000-acre"
417: Second line, insert "withdrawals" between "coal lands" and "fell short"
425: Note 2, first paragraph, "See e.g." should be See, e.g.,"
435: Last line, "three situations" should be "five situations"
436: Add to the end of the top paragraph, "Fourth, 43 U.S.C. § 1712(e)(2) uses a concurrent congressional resolution to trigger an action by the Interior Secretary. Fifth, 43 U.S.C. § 1713(c) gives a legislative veto of certain land sales to either house."
440: First full paragraph, line 2, "southwest" should be capitalized
443: First line of case citation for Tulare County v. Bush should be "United States Court of Appeals, D.C. Circuit, 2002"
447: Last line, "west." should be capitalized
449: The Land and Water Conservation Fund was established by legislation in 1964
452: First full paragraph, line 8, insert hyphen in "ten-year period."
463: Note 7, insert comma in PERC Policy Series citation between "No.18" and "2000"
463: Note 8, first line, "Matthews" should be "Matthew"
474: Note 5, last line should be refer to section "1a-7"
474: Note 7, delete last line and revise next to last line to read "managed?"
481: Second line after "Public Participation" change "effected" to affected"
507: Note 5, first line, "apple" should be "apply"
508: Third line, "To" should use lower case letter
508: Second full paragraph, first line, replace "holding" with "dictum"
512: First full paragraph, second line, replace "1999" with "2000"
512: First full paragraph, last fourth and third lines should use lower case letters for "supreme court justice"
516: Last full paragraph, line six should begin "this: First, the priority date"
567: Rocky Mt. Min. L. Inst. citation should have a space between "to" and "1-14"
572: Note 2 should begin "What if Lucky Mc" instead of "What if Geomet".
578: Note 8, line three, change "disposition" to "disposal"
592: bracketed citation to GML section on "exclusive right of possession and enjoyment" should be 26, not 22.
601: First full paragraph, line 7 should begin "agencies, especially in state governments,"
606: First full paragraph, line 4, replace "on an" with "on a"
619: Second line citation should have a double "§§"
691: Last full paragraph, first line should end "financial needs"
701: Note 6, third line, "west" should be capitalized
708: Second full paragraph, line 5, insert space between hyphen and "and"
721: Note 3, last line should read "would be the better course?"
736: First full paragraph, line 4, add "had" between "regulations" and "required"
740: Last full paragraph, fourth line from bottom, name is spelled "Beschta"
741: Second line, delete "be"
752: Second line, insert period after "moot"
763: Eleventh line from bottom, insert "[sic]" after "chose"
765: Note 2, line 6, insert the following after the quotation "871 F. Supp. at 1322."
769: Line 3, capitalize "west"
769: Line 10, capitalize "west"
769: Line 11, revise "25 million" to "56 million"
769: Second full paragraph, before "Ron Micheli" add "Wyoming legislator and agriculture commissioner,"
784: Last line, first word should be "Rangelands"
791: Note 4, "AUMS" should be "AUMs"
793: First paragraph after "Note: Grazing Fees", line 3, replace "has always been" with "is"
794: Second full paragraph, line 2, delete "permit"
799: Lines 6-8, delete "It reconfirmed the TGA?s admonition that "grazing permits do not carry any right, title, interest or estate in public lands." 43 U.S.C. 1752(h)."
819: Line 7 after first block quote, change "determine" to "determined"
824: First full paragraph, first line, add "[sic]" between "the" and "whether"
860: Note 1, change all three instances of "USFWS" to "FWS"
861: Note 2, change all three instances of "USFWS" to "FWS"
862: Note 5, change both instances of "USFWS" to "FWS"
862: Note 6, change "USFWS" to "FWS"
864: Line 6, substitute "such as those caused by" for "cause"
881: Line 7 after "2. National Forest and BLM Public Lands" delete "bodies of"
881: Line 11 after "2. National Forest and BLM Public Lands" delete "encouragement of"
882: Continued sentence should end "of hunters and anglers." instead of "of game species."
882: Second full paragraph, add "& 1732(b)" to the citation at the end of the paragraph.
894: Line 6, replace "43 U.S.C." with "16 U.S.C."
911: Note 3, citation should end "-2008, at 29."
933: Note 5, add "from" between "emanating" and "outside"
939: Note 6, line 7, add "the" between "from" and "bowels"
947: Line 11, delete comma after "Jersey"
947: Last line of first paragraph, add § to citation.
948: First paragraph, next to last line "Act" should use lower case letter
963: First full paragraph, line 14, change "federal agencies" to "Service"
1014: End of paragraph after block quotation, substitute a quotation mark for the period.
1016: Last sentence before case excerpt, substitute "comprise" for "comprised"
1020: End of second full paragraph, delete "ROD."
1035: First full paragraph, line 7, "[was]" should be "[were]"
1040: Second full paragraph, last sentence, should use a lower case "t" for "the River of No Return"
1053: First full paragraph, line 6, insert "the" between "prepares" and "next generation"
1057: Middle of page, "5000" should be "5,000"