Journal of Environmental Law & Litigation : Vol. 21, No. 2, p. 259-316 : The Oregon and California Lands Act: Revisting the Concept of Dominant Use

Abstract

Part I of this Article is a history of the O&C lands, and Part II describes the Act’s legislative history, provisions, regulations, and amendments. Part III summarizes the various official interpretations of the O&C Act, including DOI Opinions, federal case law, and administrative appeals board decisions. Part IV argues that the Ninth Circuit’s decision in Headwaters v. Bureau of Land Management, Medford District was wrongly decided, and that a fair reading of the case law and legislative history prompts a different conclusion than that drawn by the appellate court. Finally, Part V highlights a prescient opportunity for the public and the courts to reexamine the conventional wisdom that the O&C Act is a “dominant use” statute.