Western federal lands policy open to challenge, attorney says
Federal ownership of vast acreage across the West is vulnerable to a constitutional challenge by affected state governments, according to a public lands attorney.
While court rulings until now have supported the federal government’s control over Western public lands, attorney George Wentz said those cases predate the Federal Land Policy and Management Act of 1976, which made federal ownership permanent.
An argument could be made that federal ownership of major swaths of 12 Western states effectively deprives them of the same sovereignty as the remaining 38 states, he said.
“Why are we inferior because we chose to live in the West?” Wentz asked growers at the American Farm Bureau Federation’s annual convention in New Orleans on Jan. 13.