Public Lands Council v. Babbitt, 529 U.S. 728, 6 (2000)

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Cite as: 529 U. S. 728 (2000)

Opinion of the Court

obtained control of great areas of the public land . . . who object . . . because it will break the control that these few big men now have over the lands which they do not actually own." Ibid. Whatever the opposition's source, bills reflecting Powell's approach did not become law until 1934.

By the 1930's, opposition to federal regulation of the federal range had significantly diminished. Population growth, forage competition, and inadequate range control all began to have consequences both serious and apparent. With a horrifying drought came 'dawns without day' as dust storms swept the range. The devastating storms of the Dust Bowl were in the words of one Senator "the most tragic, the most impressive lobbyist, that ha[s] ever come to this Capitol." 79 Cong. Rec. 6013 (1935). Congress acted; and on June 28, 1934, President Franklin Roosevelt signed the Taylor Grazing Act into law.

B

The Taylor Act seeks to "promote the highest use of the public lands." 43 U. S. C. § 315. Its specific goals are to "stop injury" to the lands from "overgrazing and soil deterioration," to "provide for their use, improvement and development," and "to stabilize the livestock industry dependent on the public range." 48 Stat. 1269. The Act grants the Secretary of the Interior authority to divide the public rangelands into grazing districts, to specify the amount of grazing permitted in each district, to issue leases or permits "to graze livestock," and to charge "reasonable fees" for use of the land. 43 U. S. C. §§ 315, 315a, 315b. It specifies that preference in respect to grazing permits "shall be given . . . to those within or near" a grazing district "who are landowners engaged in the livestock business, bona fide occupants or settlers, or owners of water or water rights." § 315b. And, as particularly relevant here, it adds:

"So far as consistent with the purposes and provisions of this subchapter, grazing privileges recognized and ac-

733

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: October 4, 2007