Here is that opinion: Gilmore v. Salazar II
The earlier order is here.
Environmental
D.C. Circuit Rejects Hoopa’s Challenge to FERC’s Licensing of Klamath River Dam
New Scholarship on Tribal Economic Development (and Solar Power)
Ryan David Dreveskract will publish his article, “Native Nation Economic Development Via the Implementation of Solar Projects: How to Make it Work,” in the Washington & Lee Law Review (article here: Dreveskracht Article). It is also accessible on SSRN here. Here is the abstract:
This Article examines the issues surrounding sustainable economic development in American Indian country via the implementation of solar energy projects. Section II addresses Native American economic development, generally, focusing on Indian gaming, practical sovereignty, capable institutions, and cultural match. Section III discusses solar energy projects: the benefits of solar energy when compared to other types of energy production; the ways that these projects will benefit Indian country, specifically; and the rationale behind implementing solar energy projects as a means to sustainable economic development in Indian country. In arguing for the implementation of solar energy projects, Section III of the Article also provides instruction for the realization of these projects by tribes and state/federal regulatory/legislative bodies. Finally, having argued for and laid out a framework for economic development via solar projects, Section IV offers concluding remarks.
Federal Court Declines to Shut Out the Asian Carp
Here is the opinion: 12-3-10 Opinion & Order.
While the motion for preliminary injunction was denied, the case was not dismissed on immunity grounds.
Order in Save the Peaks v. USFS
The judge in Save the Peaks Coalition v. USFS found against the Coalition, and granted USFS’s motion for summary judgment. The complaint is here. Here’s the order.
Plaintiffs fail to explain how their failure to join the prior case is materially distinguishable from that of the plaintiffs in Apache Survival II, and the Court finds that Defendants will be sufficiently prejudiced to satisfy laches. Therefore, based on the particular circumstances of this case, the Court finds that Defendants have established this affirmative defense.
And here is the press release from Save the Peaks coalition:
FOR IMMEDIATE RELEASE
DATE: Wednesday December 1, 2010
CONTACT: Howard Shanker
928-699-3637
NOTE TO EDITORS: For a background, legal documents, photos, updates, and further information please visit: www.TrueSnow.org . Interviews can be arranged.
District Court Rules For USFS in Save the Peaks Case
Plaintiffs will Appeal the Court’s Decision to the Ninth Circuit Court
FLAGSTAFF, AZ — The case known as The Save the Peaks Coalition, et al. v. U.S. Forest Service (USFS) was heard before Honorable Judge Mary H. Murguia and today a decision was made.
The Court ruled against the plaintiffs claims that the final FEIS prepared by the USFS ignores thorough consideration of a number of critical health issues. The plaintiffs contend that a new and thorough FEIS should be filed by the USFS. If this reveals that the use of reclaimed sewage water is a public health risk then snowmaking should not be permitted for the Arizona Snowbowl on the San Francisco Peaks.
Howard Shanker, representing the Save the Peaks Coalition and additional plaintiffs, will file an appeal to the Ninth Circuit Court. According to Shanker, “ the decision misstates the facts of this case and misapplies the law. That’s why there is an appeal process.” Further, according to Shanker, “it is remarkable that the Obama Administration is complicitous in this effort to put treated sewer water on the San Francisco Peaks. Not only is the site sacred to Native Americans in the Southwestern United States, the Forest Service has, at best, no idea what the long term health impacts will be on people who ingest this snow made from treated effluent. Who figured the Snowbowl ski area was ‘too big to fail’”.
Continue reading
Seneca Materials on FERC Notice for Kinzua Hydro License
Seneca Nation of Indians Kinzua Press Release
Update: President Porter Speech on Hydroelectric License [thanks to A.E.]
An excerpt from the press release:
The Seneca Nation ofIndians applied to the Federal Energy Regulatory Commission to operate the Seneca Pumped Storage Project at the Kinzua Dam site, President Robert Odawi Porter announced today.
The pumped storage hydropower project generates 450 megawatts of electricity, which corporate interests have sold and profited from for 40 years without compensating the Nation.The hydropower project relies on and every day uses Seneca Nation land and water.
“Filing for the license to operate the Seneca Pumped Storage Project is an especially profound opportunity and a significant moment in time for the Seneca Nation, given the historic injustice that was imposed on our people with the building of the Kinzua Dam,” said PresidentPorter. “The flooding of our lands more than 45 years ago resulted in large-scale, forcible removal of families, destruction of homes and loss of significant lands to which we were spiritually tied. For these reasons, we are entitled to obtain the license because of the historic injustice committed against us,” he said.
New Paper on Indigenous Customary Law and Water Resource Management
Donna Craig and Elizabeth Gachenga have published “The Recognition of Indigenous Customary Law and Water Resource Management” in Water Law; also posted on SSRN. Article here: Indigenous Customary Law in Water Resource Management
Here is the abstract:
There is an inextricable link between indigenous rights, human rights and sustainable development. In this paper we consider the role of indigenous customary law in the sustainable management of water resources. We propose legal pluralism as the more effective context for recognition of indigenous customary law for sustainable water resource management as opposed to functional recognition or other minimalist forms of recognition.
Washington State Trial Court Rules Against Swinomish Tribe on Instream Flow Issues
Here’s the letter opinion: <a href="Thurston County Court decison“> The Swinomish Tribe and the City of Anacortes were fighting to keep water in the stream for salmon. The Department of Ecology had repeatedly amended the instream flow rule to the detriment of salmon in order to allow for more development, and the Tribe and City had challenged the latest amendment.
Federal Court (“with misgivings”) Rejects Environmental Challenge to Highway Near Haskell
Here is the opinion in Prairie Band Potawatomi Nation v. FHA (D. Kan.): DCT Judgment in Favor of FHA
Split Ninth Circuit Panel Approves EPA’s Transfer of Pollution Approval Authority to State of Alaska
Here is the opinion in Akiak Native Community v. EPA. The dissent focused on EPA’s approval of Alaska’s rule that the “loser” pays attorney fees in any challenges. All three judges rejected claims based on the Alaskan National Interest Lands Conservation.
Here are the briefs:
Turtle Talk 
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