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Unpublished Paper
What "Potential Wilderness" Really Means
1 (2015)
  • Catherine L Rucker
Abstract
In November 2012, the Secretary of the Department of Interior decided to remove a commercial oyster operation from Drake's Estero, located within the Point Reyes National Seashore on the Northern California coast. The oyster company had operated for several decades. The District Court denied the company's claim for an injunction, and the Ninth Circuit upheld the decision. The main issue was whether the Secretary had the "agency discretion" to remove the oyster company from a designated potential wilderness area. And actually, in 1976, Congress granted the Secretary with the agency discretion with section 3 of the National Park System Act of 1976. But, because of the way in which the statute was written, the agency discretion was not obvious. This paper dissects the language of section 3. Further, this paper explains why Congress did grant agency discretion to the Secretary.
Keywords
  • Potential Wilderness,
  • the Wilderness Act of 1964,
  • Point Reyes National Seashore,
  • Drakes Estero
Publication Date
Spring April 10, 2015
Citation Information
Catherine L Rucker. "What "Potential Wilderness" Really Means" 1 (2015)
Available at: http://works.bepress.com/catherine_rucker/10/