Policy Tools
Specific technologies like scrubbers are required under this policy tool.
What are design standards?
This Act in 1934 established the grazing permit system.
What is the Taylor Grazing Act?
Pre-harvest timber is treated as this kind of property.
What is real property?
In the East, water rights typically follow this doctrine.
What is riparian rights?
The 1872 Mining Law governs this type of minerals.
What are locatable minerals?
This 1920 law governs leasing for oil and gas on federal lands.
What is the Mineral Leasing Act?
This law governs land use plans amended for renewable projects.
What is FLPMA?
This standard requires agencies to explain their decisions rationally.
What is arbitrary and capricious review?
Pollution allowances can be traded in this type of market system.
What is cap-and-trade?
BLM's grazing plans must avoid this type of degradation.
What is unnecessary or undue degradation (UUD)?
This 1976 Act requires forest-level planning (LRMPs).
What is NFMA (National Forest Management Act)?
In Colorado, non-tributary groundwater is allocated this way.
What is by land ownership?
Materials like gravel and sand are considered these minerals.
What are saleable minerals?
Offshore drilling is governed primarily by this Act.
What is OCSLA (Outer Continental Shelf Lands Act)?
Solar projects often require these rights to use federal land.
What are ROW (Right-of-Way) leases?
NEPA imposes this kind of obligation on agencies.
What is a procedural obligation?
Combining command-and-control with economic incentives creates this type of policy.
Hybrid Approach
The 2024 Public Lands Rule introduced these types of leases.
What are restoration leases?
Clearcutting is restricted under this federal standard.
What is the NFMA Harvest Limits provision?
Tribal water rights are recognized under this doctrine.
What is the Winters Doctrine?
A lode claim must be based on this kind of mineral deposit.
What is a vein or lode?
The 2010 oil spill costing $65 billion happened at this site.
What is Deepwater Horizon?
The Western Solar Plan prioritized land with this slope characteristic.
What is less than 10% slope?
Plaintiffs must show this kind of harm to block agency actions under NEPA.
What is irreparable harm?
This market-based mechanism imposes costs on environmentally harmful behavior.
What is a pollution tax (or Pigovian tax)?
This famous rebellion protested federal grazing control.
What is the Sagebrush Rebellion?
Strict liability applies to this type of unlawful timber removal.
What is trespass?
The prior appropriation system operates on this principle.
What is "first in time, first in right"?
Since 1994, new patents for mining claims have been placed under this.
What is a moratorium?
Fracking creates risks of this type of geological event.
What are earthquakes (seismic activity)?
NEPA applies to renewables, but agencies use these shortcuts to avoid full EIS.
What are categorical exclusions?
Only this type of agency action is reviewable under the APA.
What is final agency action?
This hybrid tool links regulatory requirements with the flexibility of market incentives.
What is mitigation banking?
Grazing permit cancellations usually require this.
What is a history of noncompliance?
Timber contracts often use this legal term meaning "right to take."
What is profit à prendre?
This Supreme Court tool allocates water between states.
What is equitable apportionment?
This two-part test governs mineral discovery.
What are the prudent person and marketability tests?
Leases require an approved plan called this.
What is an Application to Drill (APD)?
This energy storage method can transform grid reliability.
What is distributed battery storage?
Under the ESA, a “take” includes destruction of this.
What is habitat?