Environmental

Miccosukee Tribe Sues EPA over Approval of Florida Clean Water Act Section 404 Permit

Matthew L.M. Fletcher

Here is the complaint in Miccosukee Tribe v. EPA (S.D. Fla.):

1 Complaint.pdfDownload
1-1 Exhibits.pdfDownload

Miccosukee Tribe Sues EPA over Approval of Florida Clean Water Act Section 404 Permit

Matthew L.M. Fletcher

Here is the complaint in Miccosukee Tribe v. EPA (S.D. Fla.):

1 Complaint.pdfDownload
1-1 Exhibits.pdfDownload

Washington Federal Court Grants Yakama Nation Partial Win in CERCLA Dispute over City of Yakima Landfill

Matthew L.M. Fletcher

Here are the materials in Confederated Tribes and Bands of the Yakama Nation v. City of Yakima (E.D. Wash.):

37 Second Amended Complaint.pdfDownload
69 Yakama Nation MSJ.pdfDownload
71 City MSJ.pdfDownload
75 Yakama Nation Response to 71.pdfDownload
77 City Response to 69.pdfDownload
81 Yakama Nation Reply in Support of 69.pdfDownload
83 City Reply in Support of 71.pdfDownload
87 DCT Order.pdfDownload

FLOW Livestream Event on Line 5 at 11AM Today

Matthew L.M. Fletcher

Here:

Hear about recent developments in the widespread effort to shut down Enbridge’s Line 5 in the Straits of Mackinac and stop the proposed oil tunnel. Presenters will answer questions from attendees.

Panelists

  • Liz Kirkwood, FLOW Executive Director  – Host
  • Whitney Gravelle, President, Bay Mills Indian Community
  • Zach Welcker, FLOW Legal Director
  • Sean McBrearty, Campaign Coordinator, Oil & Water Don’t Mix.

This event is occurring just after the 12th anniversary of the Enbridge Line 6B Kalamazoo River oil spill disaster. At the Straits of Mackinac, Enbridge Line 5 poses a dire threat in what University of Michigan scientists called “the worst possible place for an oil spill in the Great Lakes.”

Michigan Public Service Commission Requests More Information re: Enbridge Line 5 Tunnel

Matthew L.M. Fletcher

Here:

U-20763_07-07-22 – Finalized.pdfDownload
Elizabeth LaPensée

Tribal brief here.

Washington Federal Court Orders Tribal Court Exhaustion in Sauk-Suiattle Dam Suit

Matthew L.M. Fletcher

Here are the materials in City of Seattle v. Sauk-Suiattle Tribal Court (W.D. Wash.):

13 Motion to Dismiss.pdfDownload
24 Response.pdfDownload
29 Reply.pdfDownload
31 DCT Order.pdfDownload

Prior post here.

Tribes’ Amicus Brief in SCT Case on Scope of Clean Water Act

Matthew L.M. Fletcher

Here is the brief in Sackett v. EPA:

Tribal Amicus Brief.pdfDownload

Ninth Circuit Materials in Fallon Paiute-Shoshone Tribe v. Department of the Interior

Matthew L.M. Fletcher

Here are the briefs:

Ormat Opening Brief.pdfDownload
Tribe Principal Brief.pdfDownload
Federal Answer Brief.pdfDownload
Tribe Reply.pdfDownload

Tenth Circuit Dismisses Navajo Farmers Claims Arising from Gold King Mine Spill

Matthew L.M. Fletcher

Here is the opinion in Allen v. Environmental Restoration LLC.

Briefs:

Opening Brief.pdfDownload
Answer Brief.pdfDownload
Gold Mine Amicus Brief.pdfDownload
Reply.pdfDownload

Kekek Stark on Anishinaabe Rights of Nature Cases

Matthew L.M. Fletcher

Kekek Jason Stark has published “Bezhigwan Ji-Izhi-Ganawaabandiyang: The Rights of Nature and its Jurisdictional Application for Anishinaabe Territories” in the Montana Law Review.

An excerpt:

This article examines the tribal law acknowledging the Rights of Na- ture as a deeply embedded traditional Anishinaabe law principle. This traditional law principle acknowledging the rights of nature is crucial for sustaining the Anishinaabe Nations’ relationship with their territorial lands and natural resources. What does it mean to recognize the rights of ma- noomin (wild rice) to “exist, flourish, regenerate, and evolve” or to be pro- tected in its traditional forms, natural diversity, and original integrity? This article then delineates the various ways that the White Earth Band of Ojibwe has codified their relationship with their territorial lands and natural resources into tribal law. While the rights of manoomin and similar laws have been widely touted in the press as important victories for tribal sover- eignty, this article more deeply evaluates the practical effects and applica- tions of this tribal law to determine whether this law can serve as a frame- work for other Tribal Nations or is merely a symbolic gesture. Moving beyond symbolic gestures is essential for tribes to implement legal regimes more protective than those provided by states that may otherwise permit development activities by non-Indian parties within treaty territories.

HIGHLY, HIGHLY recommended.