Oregon Law Review : Vol. 89, No. 4, p.1357-1406 : See the Mojave!
Nagle, John Copeland
This Article examines how the law is being asked to adjudicate disputed sights in the context of the Mojave Desert. The Mojave is the best-known and most explored desert in the United States. For many people, though, the Mojave is missing from any list of America’s scenic wonders. The evolution in thinking about the Mojave’s aesthetics takes places in two acts. In the first act, covering the period from the nineteenth century to 1994, what began as a curious voice praising the desert’s scenery developed into a powerful movement that prompted Congress to enact the California Desert Protection Act (CDPA) of 1994. The second act begins around 2005, when the nation’s energy policy again turned to the potential of renewable energy. The Mojave is an obvious location for large-scale solar energy development, but supposedly green technology threatens many of the scenic values that Congress decided to protect in the CDPA.