Popular Constitutionalism Applied

2020 ◽  
pp. 164-185
Author(s):  
James R. Skillen

The Patriot Rebellion that swept across the West, driven by a mature infrastructure of conservative interests, counties, states, and individuals challenged the federal government directly over access to federal lands and economic development. States, led by Utah, claimed the power of eminent domain over federal lands and demanded that the federal government relinquished most of its land to them. Counties once again demanded control over federal land use planning, this time by arguing that the federal government needed to coordinate with county officials to ensure that federal land use plans met county needs.

1978 ◽  
Vol 26 (2) ◽  
pp. 147-159 ◽  
Author(s):  
Alvin Mushkatel ◽  
Khalil Nakhleh

Author(s):  
David J Connell

Is protecting farmland a matter of national interest?  If so, should the federal government play a stronger role in agricultural land use planning (AgLUP)?  This paper examines potential roles and contributions of the federal government in AgLUP.  Methods were based on surveys with key informants that examined the validity and viability of six possible roles of the federal government.  The key informants were provincial-level experts in AgLUP from across Canada.  We found that all six of the potential roles of the federal government to protect farmland that we identified are, to varying degrees, valid and reliable options.  Two of the six roles were viewed most favourably: co-operative federalism; integrated policy approach.  We also identified a seventh role, which is for the federal government to adopt a policy that ensures that decisions regarding the use of federal-owned land must adhere to provincial legislation.


2020 ◽  
pp. 56-72
Author(s):  
Nararuk Boonyanam ◽  
Somskaow Bejranonda

The rapid increase in economic development and urbanisation along the Eastern Economic Corridor (EEC) of Thailand has accelerated the change in its ecosystem service value (ESV), leading to the demand for related analysis to ensure sustainable growth in the area. The aim of this study is to: (1) evaluate the land use change in Chonburi Province; the most urbanised city in the EEC of Thailand between 2006 and 2016, and (2) assess the land use change impact on ESV. Secondary data from land use maps for 2006 and 2016 was used to evaluate land use change and its impact on ESV using the land use transition matrix, land use dynamic degree, and the benefit transfer method. Urban and built-up land use were found to dominate other use types. The top three highest annual rates of land use change were found in water bodies, rangeland, and urban and built-up land. The ESV in 2016 was found to be 1.31% higher than for 2006. The ecosystem service functions (ESFs) contributing to the increase in ESV were waste treatment, hydrological regulation, climate regulation and recreation and service culture. Future land use planning should focus on increasing wetlands and protecting agricultural land in the study area since these contribute to the highest ESV. In addition, it is essential to balance economic development with ecological enhancement.


2021 ◽  
pp. 231-242
Author(s):  
Gregory Ablavsky

Three federal systems coalesced from the ad hoc practices of governance in the Northwest and Southwest Territories—over land, Indian affairs, and the territories themselves. The foundations for the federal land system laid in these early struggles persisted and survived through the Civil War and beyond, as federal adjudication of land rights expanded. The federal government also codified its earlier experiments in compensation, formalizing its payments to Natives and whites even as it also continued to pay for brutal, even genocidal violence against Native peoples from the federal treasury. Finally, even Congress continued to use conditional admission to try to control newly admitted states, the territorial system entrenched the expectation that the plural sovereignty and ownership of the borderlands was temporary; statehood represented the moment when these preexisting claims supposedly passed away. Statehood also helped doom the flawed vision that the federal government would serve as a neutral arbiter between Natives and whites. Rather, statehood gave the former territories perhaps the most effective way yet to make claims on the federal government. As these new states increasingly became the federal government—in Congress, in the cabinet, and in the presidency—they turned their goals into federal law. This result occurred within the federal lands, where states successfully bent federal land policy to serve their expansionist aims, and in Indian affairs, where state representatives successfully persuaded the federal government to back their assertions of sovereignty against the compelling sovereignty claims of the Cherokee and Native Nations in the struggle known as Removal. This effectiveness at exploiting federal power allowed these former territories to rapidly remake these former borderlands to satisfy their long-standing settler colonial aspirations.


2002 ◽  
Vol 04 (02) ◽  
pp. 151-169 ◽  
Author(s):  
KATE M. LINDSAY ◽  
CLARK P. SVRCEK ◽  
DANIEL W. SMITH

In 1994, Sunpine Forest Products Ltd. sought permits from Alberta government to construct a permanent log hauling road and approvals from the federal government for construction of required bridges associated with the road. A concerned citizens group challenged the Federal Government's subsequent bridge approvals in court, claiming that cumulative effects assessment was not adequately conducted under Canadian Environmental Assessment Act. The original Sunpine court decision agreed with the citizen group that the federal government erred in law by not including related projects and adequately considering associated cumulative effects, sending the approval back to the federal government for reconsideration. Government regulators, industrial foresters, and environmental groups across Canada awaited the appeal to the Sunpine federal court decision. The Sunpine Appeal reversed the original position with much relief from industry and government. The Sunpine case raises important issues about how federal and provincial authorities address environmental impacts, uncertainty in scoping assessments, factors to be considered, and cumulative effect assessments. This paper evaluates the cumulative effects assessment processes followed in the Sunpine case study under the Canadian Environmental Assessment Act within an analysis framework of comprehensiveness, fairness, efficiency, and effectiveness. Land use planning models, like the British Columbia land resource management plans and Mackenzie Valley Resource Management Act, offer alternative approaches to legislated cumulative effects processes. Sustainability may be better realised with a combination of strategic environmental assessment tools, utilising environmental assessment at the project-level within the context of a regional resource planning process.


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