Article Title

Ancient Forests and the Supreme Court: Issuing a Blank Check for Appropriation Riders

Publication Title

Washington University Journal of Urban and Contemporary Law


Part I of this Article supplies background on the ancient forest fight, focusing on the events leading to the enactment of the "Northwest Timber Compromise" in late 1989. Part II examines the Robertson litigation in the lower courts and the Supreme Court. Part III explores Robertson's legacy regarding the process of making public land law and analyzes what the decision signals about Justice Thomas' judicial philosophy.