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Protecting and Preserving Our National Parks in the Twenty First Century

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Protecting and Preserving Our National Parks in the Twenty First Century

Montana Law ReviewVolume 62Issue 2 Summer 200137073Article 1Protecting and Preserving Our National Parks in the Twenty First Century: Are Additional R

Protecting and Preserving Our National Parks in the Twenty First CenturyReforms Needed above and beyond the Requirements of the 1998 National Parks Omnibus Management Act?Richard J. Ansson Jr.Associate Professor of Law. Un

iversity of Nevada Las Vegas Boyd School of LawDalton L. Hooks Jr.Student University of Nevada Las Vegas Boyd School of LawFollow this and additional Protecting and Preserving Our National Parks in the Twenty First Century

works at: https://scholarworks.umt edu/mlrÒ* Part of the Law CommonsLet us know how access to this document benefits you.Recommended CitationRichard J

Protecting and Preserving Our National Parks in the Twenty First Century

. Ansson Jr. and Dalton L Hooks Jr., Protecting and Preserving Our National Parks in the Twenty First Century: Are Additional Reforms Needed above and

Montana Law ReviewVolume 62Issue 2 Summer 200137073Article 1Protecting and Preserving Our National Parks in the Twenty First Century: Are Additional R

Protecting and Preserving Our National Parks in the Twenty First Century62/iss2/1This Article is brought to you for free and open access by Scholarworks at University of Montana. It has been accepted for inclusion in Monta

na Law Review by an authorized editor of Scholarworks at University of Montana.For more information, please contact scholarworks@mso.umt edu.Ansson an Protecting and Preserving Our National Parks in the Twenty First Century

d Hooks: Protecting and Preserving Our National Parks in VIIVZ lYVcaii/ I II JI VCIIIUI yARTICLEPROTECTING AND PRESERVING OUR NATIONAL PARKS IN THE TW

Protecting and Preserving Our National Parks in the Twenty First Century

ENTY FIRST CENTURY: ARE ADDITIONAL REFORMS NEEDED ABOVE AND BEYOND THE REQUIREMENTS OF THE 1998 NATIONAL PARKS OMNIBUS MANAGEMENT ACT?Richard J. Ansso

Montana Law ReviewVolume 62Issue 2 Summer 200137073Article 1Protecting and Preserving Our National Parks in the Twenty First Century: Are Additional R

Protecting and Preserving Our National Parks in the Twenty First Centurye lake and decide to rest. You sit down on a gnarled snag of fir, shoes off, feet touching a lake so cold that it makes you shiver. Indeed, chunks of

ice still float in the water. But the sun is high,* Associate Professor of Law, University of Nevada Las Vegas Boyd School of Law. LL.M., 1998, Univer Protecting and Preserving Our National Parks in the Twenty First Century

sity of Missouri-Kansas City School of Law; J.D., 1997, University of Oklahoma School of Law; B.A., 1994, University of Oklahoma.** 2nd Year Law Stude

Protecting and Preserving Our National Parks in the Twenty First Century

nt, University of Nevada Las Vegas Boyd School of Law. B.S., 1997, University of Nevada Las Vegas.214 MontanaA/ỡ^m^(tÁ^1 2?ffi'W^Art- ■ VOI.warming th

Montana Law ReviewVolume 62Issue 2 Summer 200137073Article 1Protecting and Preserving Our National Parks in the Twenty First Century: Are Additional R

Protecting and Preserving Our National Parks in the Twenty First Century mother nature’s vicious winters, a landscape that was carved and molded by ice.You begin to walk along the trail again. When you look around, you can

see a shimmering expanse of prairie, evergreen forests with their stately boughs, glimmering lakes set into mountain crowns, high meadow gardens, and Protecting and Preserving Our National Parks in the Twenty First Century

snow banks blanketing the alpine tundra. Every turn of the trail beckons you into the heart of the wilderness. Each discovery, whether of glacier lil

Protecting and Preserving Our National Parks in the Twenty First Century

ies blooming on top of a snow patch or a sweeping vista of glistening mountaintops, propels you to the next. It even seems as if Glacier’s peaks are a

Montana Law ReviewVolume 62Issue 2 Summer 200137073Article 1Protecting and Preserving Our National Parks in the Twenty First Century: Are Additional R

Protecting and Preserving Our National Parks in the Twenty First Centuryated in 1916, protects and preserves these beautiful lands for the future enjoyment of all Americans.1 Our parks - 379 at last count - encompass some

of our nation’s most spectacular landscapes as well as some of our historical achievements and sorrows.2 As such, our national parks embody and symbol Protecting and Preserving Our National Parks in the Twenty First Century

ize our country’s rich heritage.3Yet, in many ways, our nation has let this legacy crumble.4 Indeed, our parks are afflicted with decaying infrastruct

Protecting and Preserving Our National Parks in the Twenty First Century

ures, overcrowding, encroaching development, and air pollution.5 In short, our parks are no longer the pristine paradises they once were.6 For instanc

Montana Law ReviewVolume 62Issue 2 Summer 200137073Article 1Protecting and Preserving Our National Parks in the Twenty First Century: Are Additional R

Protecting and Preserving Our National Parks in the Twenty First Century575, 575 (1997).2.See, e.g., Todd Wilkinson, America’s Next Generation Of National Parks: New Proposals Reflect A Desire To Commemorate Less-Pristine

Landscapes, As Well As Recognize Overlooked And Ignoble Moments Of History, Christian SCI. Monitor, October 3, 2000, at 3, available in 2000 WL 443140 Protecting and Preserving Our National Parks in the Twenty First Century

9.3.See, eg., Richard J. Ansson, Jr., Our National Parks - Overcrowded, Underfunded, and Besieged with a Myriad of Vexing Problems: How Can We Best Fu

Protecting and Preserving Our National Parks in the Twenty First Century

nd Our Imperiled National Park System?, 14 J. Land Use & ENVTL. L. 1, 2 (1998) [hereinafter Ansson H.In all, the creation of the national park system

Montana Law ReviewVolume 62Issue 2 Summer 200137073Article 1Protecting and Preserving Our National Parks in the Twenty First Century: Are Additional R

Montana Law ReviewVolume 62Issue 2 Summer 200137073Article 1Protecting and Preserving Our National Parks in the Twenty First Century: Are Additional R

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