This Note argues that frequent policy reversals are not a built-in requirement of democracy. Instead, whiplash harms both environmental and economic interests by making it more difficult to create stable public lands policy. The Note then explores potential solutions. It outlines some legislative options that could help limit whiplash despite current Congressional gridlock. Next, this Note suggests that courts may be able to mitigate policy whiplash. First, courts could make it harder for land management agencies to change their minds. Second, the major questions doctrine has a potential silver lining in this context; it could limit the agency discretion that creates whiplash, if the doctrine applies in the first place.
Home Prints Volume 50 (2023) Constraining Federal Policy Whiplash on Public Lands
Constraining Federal Policy Whiplash on Public Lands
Published On
March 16, 2024
Helen Lober
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