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U.S. Forest Service proposes sweeping changes to enforce state laws on federal lands.
The US Forest Service has proposed a new rule to enhance its law enforcement on National Forest System lands by enforcing state laws, raising constitutional concerns. Critics argue it oversteps federal authority, infringes on state sovereignty, and creates potential conflicts with state law enforcement, given that the Tenth Amendment reserves such powers for states. The…
State Governance of Roads on Public Lands: The Intersection of RS 2477 and the 10th Amendment
The governance of roads on public lands in the United States is a complex interplay of historical legal statutes and the distribution of powers between federal and state entities. At the heart of this issue lies Revised Statute 2477 (RS 2477), a law that granted rights of way for the construction of highways across public…
The Unconstitutional Reach: Federal Overreach into State Jurisdiction on NFS Roads
Order #03-00-23-002, issued by the U.S. Department of Agriculture and the U.S. Forest Service, imposes sweeping motor vehicle restrictions on National Forest System (NFS) roads in the Southwestern Region, encompassing parts of New Mexico, Arizona, Texas, and Oklahoma. While the order claims to be in the interest of public health and safety, it represents a…