Tag Archives: Clean Water Act

Federal Court Denies Warm Springs Rule 19 Motion, Holding Clean Water Act Abrogates Tribal Immunity

Here are the materials in Deschutes River Alliance v. Portland General Electric Company (D. Or.): 74 Motion to Dismiss 76 Response 78 Reply 103 DCT Order

Posted in Author: Matthew L.M. Fletcher, Environmental, Research, sovereign immunity | Tagged , , , , , | Leave a comment

Menominee Tribe’s Notice of Intent to Sue to Enforce CWA

Links: Press Release, 60 Day Legal Notice(PDF) Excerpt: The 60-Day Notice of Intent to Sue under the Clean Water Act outlines violations of federal agency duties under the Act that will affect water quality of the Menominee River and adjacent … Continue reading

Posted in Author: Sarah Donnelly, Environmental, News, Research | Tagged , ,

EPA publishes Revised Interpretation of Clean Water Act TAS Provision

On May 16, the EPA published a final revised interpretation of the Clean Water Act’s TAS provision in the Clean Water Act, concluding that the Treatment as State provision includes an express delegation of authority by Congress to Indian tribes … Continue reading

Posted in Author: Wenona T. Singel, Environmental, Uncategorized | Tagged , , , | 1 Comment

EPA Accepting Comments on Revised Interpretation of CWA Tribal Provisions

Link to Request for Comments here. EPA proposes to conclude definitively that section 518 includes an express delegation of authority by Congress to eligible Indian tribes to administer regulatory programs over their entire reservations. This reinterpretation would eliminate the need for … Continue reading

Posted in Aboriginal Rights, Author: Sarah Donnelly, cultural resources, Environmental, Regulations, water rights | Tagged ,

EPA Announces Proposed Interpretive Rule for Tribal Treatment as State (TAS) status under the Clean Water Act

The proposed rule would streamline the TAS process for many tribes seeking eligibility to administer water quality standards and other Clean Water Act programs. See the Federal Register announcement here.  The deadline for comments is October 6, 2015. From the … Continue reading

Posted in Author: Wenona T. Singel, Environmental, water rights | Tagged , , | 1 Comment

Ninth Circuit (Largely) Rejects Alaska Eskimo Whaling Commission Challenge to Oil & Gas Exploration Permits

Here is the opinion in Alaska Eskimo Whaling Commission v. EPA: 13-70633 From the court’s syllabus: The panel granted in part and denied in part a petition for review brought by the Alaska Eskimo Whaling Commission, challenging the Beaufort Permit … Continue reading

Posted in Author: Matthew L.M. Fletcher, Environmental, Research | Tagged , , , | 2 Comments

New Scholarship on Fracking Near Indian Country

Heather Williams and Hillary M. Hoffman have posted “Fracking Near Indian Country: The Federal Trust Relationship, Tribal Sovereignty, and the Right to Clean Water,” forthcoming in the Wyoming Law Review, on SSRN. Here is the abstract: The tortured history of … Continue reading

Posted in Author: Matthew L.M. Fletcher, Environmental, Scholarship, trust relationship | Tagged , , , , ,

Sixth Circuit Rejects Challenge to Eagle Mine

Here are the materials in Huron Mountain Club v. United States Army Corps of Engineers: CA6 Unpublished Opinion Huron Mountain Brief Federal Brief Kennecott Eagle Minerals Company Brief Huron Mountain Reply An excerpt: Plaintiff-Appellant Huron Mountain Club (“HMC”) appeals the … Continue reading

Posted in Author: Matthew L.M. Fletcher, cultural resources, Environmental, Research | Tagged , , , , , , | 1 Comment

Ninth Circuit Materials in Native Village of Point Hope v. EPA

Here: Native Village of Point Hope Opening Brief EPA Brief NANA Regional Corporation Answer Brief Native Village of Point Hope Reply Brief Oral argument audio here. EPA’s statement of the issue: Whether EPA’s approval of Alaska’s site-specific water quality criterion … Continue reading

Posted in Author: Matthew L.M. Fletcher, Environmental, Research | Tagged , , , , ,

Supreme Court Denied Cert in Native Village of Kivalina v. Exxon Mobil

Order sheet here. Previous coverage here.

Posted in Author: Kate E. Fort, Environmental, Research, Supreme Court | Tagged , , , , , ,