Public Lands Council, et al. v. Bruce Babbitt, Secretary of the Interior, et al. (529 U.S. 728)
U.S. Supreme Court · decided May 15, 2000 · Supreme Court Database (Spaeth)
- Citation
- 529 U.S. 728 · 120 S. Ct. 1815
- Decided
- May 15, 2000
- Term
- October Term 1999
- Vote
- 9–0
- Majority author
- Justice Breyer
- Issue area
- Economic Activity
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
Opinion excerpt
Justice Breyer delivered the opinion of the Court. This case requires us to interpret several provisions of the 1934 Taylor Grazing Act, 48 Stat. 1269, 43 U. S. C. §315 et seq. The petitioners claim that each of three grazing regulations, 43 CFR §§4100.0-5, 4110.1(a), and 4120.3-2 (1998), exceeds the authority that this statute grants the Secretary of the Interior. We disagree and hold that the three regulations do not violate the Act. I We begin with a brief description of the Act s background, provisions, and related administrative practice. A The Taylor Grazing Act’s enactment in 1934 marked a turning point in the history of the western rangelands, the vast, dry grasslands and desert that stretch from western Nebraska, Kansas, and Texas to the Sierra Nevada. Ranchers once freely grazed livestock on the publicly owned range as their herds moved from place to place, searching for grass and water. But the population growth that followed the Civil War eventually doomed that unregulated economic freedom. A new era began in 1867 with the first successful long drive of cattle north from Texas. Cowboys began regularly driving large herds of grazing cattle each year through thousands of miles of federal lands to railheads like Abilene, Kansas. From there or other towns along the rail line, trains carried live cattle to newly opened eastern markets. The long drives initially brought…
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