Yount v. Salazar

933 F. Supp. 2d 1215 (2013)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

Yount v. Salazar

United States District Court for the District of Arizona
933 F. Supp. 2d 1215 (2013)

  • Written by Tanya Munson, JD

Facts

Congress’s authority to manage and regulate the use of public lands originated in the Property Clause of the Constitution. Congress was vested with the power to make and dispose of all necessary rules and regulations concerning property belonging to the United States. In 1964, Congress formed the Public Land Law Review Commission (the commission) to study existing laws and procedures relating to the administration of public lands. The commission found that the roles of Congress and the executive branch regarding land policy were not carefully defined and that the executive used its withdrawal authority in an uncontrolled and haphazard manner. In response to the commission’s findings, Congress enacted the Federal Land Policy and Management Act (FLPMA). The FLPMA spelled out Congress’s authority to withdraw or otherwise set aside public land for specified limited-purpose use, and Congress made a specific delegation of authority to the executive as to the types of withdrawals and set-asides that may be affected without legislative action. The FLPMA applied this two-part approach to public land management, stating that Congress may exercise its constitutional authority to withdraw federal lands for specified purposes and that Congress delineates the extent to which the executive may withdraw lands without legislative action. Several sections of the FLPMA reserved to Congress exclusive authority over public land actions, including preventing the executive from modifying congressional withdrawals from national monuments or wildlife refuges. Section 240(a) of the FLPMA provided that the executive is authorized to make and modify withdrawals per provisions in that section. Section 240(b) set forth the procedures the executive had to follow, and § 240(c) set forth the procedures for executive withdrawals over 5,000 acres. Section 240(c) contained an unconstitutional legislative-veto provision. The National Mining Association and Nuclear Energy Institute and Northwest Mining Association (NMA) (plaintiffs) argued that because the legislative-veto provision was unconstitutional and was not severable, the entire section should be invalidated. NMA filed a motion for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Campbell, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 741,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 741,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 741,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership