Here are the materials in BP America v. Yerington Paiute Tribe (D. Nev.):
42 Tribal Judge Response to 38
59 Plaintiffs Consolidated Response
63 Tribal Court Reply in Support of 53
64 Tribe Reply in Support of 51
80 Plaintiff Motion to Amend Judgment
82 Tribal Judge Response to 80
Prior post here.
Robert T. Anderson has published Indigenous Rights to Water & Environmental Protection in the Harvard Civil rights-Civil Liberties Law Journal.
an excerpt:
This article examines the rights of Indian nations in the United States to adequate water supplies and environmental protection for their land and associated resources. Part I of this article provides a brief background on the history of federal-tribal relations and the source and scope of federal obligations to protect tribal resources. Part II reviews the source and nature of the federal government’s moral and legal obligations to Indian tribes, which are generally referred to as the trust responsibility. Indian reserved water rights and the difficulty tribes experience in protecting habitat needed for healthy treaty resources is discussed in Part III. Part IV reviews the Dakota Access Pipeline controversy and the shortcomings of federal law in protecting tribal reservations and resources. Part V concludes with recommendations for enhanced and improved access to justice as well as substantive changes in the law to advance environmental protection for Indian tribes in the United States.
Previous posts/filings here.
WaPo coverage here.
Plaintiffs’ request for injunctive relief is GRANTED. The Court enjoins Federal Defendants and TransCanada from engaging in any activity in furtherance of the construction or operation of Keystone and associated facilities until the Department has completed a supplement to the 2014 SEIS that complies with the requirements of NEPA and the APA.
Here is “An Alaskan village is falling into the sea. Washington is looking the other way.”
Here.
Here, on the FLOW site.
An excerpt:
The Anishinaabek, who are the Indigenous people from the Great Lakes area, are born with an innate sense of our connection to everything around us. We feel the connection between us and all things in creation, whether it’s people, plants, or animals. We feel it in everything that is part of our Mother, the Earth. There is knowledge about creation and how it fits together and in balance. It isn’t easily expressed into words, as it is a way of thinking and being. We, the Anishinaabek, understand that living in balance with all things is what we seek. As caretakers of the Earth, we use what we need and strive to ensure it is there for the next seven generations.
Here is the amended opinion in Havasupai Tribe v. Provencio. En banc petition denied.
En banc and rehearing briefs here:
Grand Canyon Trust En Banc Petition
Panel materials and other materials here.
Carla Fredericks, Kate Finn, Erica Gajda, and Jesse Heibel have published “Responsible Resource Development: A Strategic Plan to Consider Social and Cultural Impacts of Tribal Extractive Industry Development” in Harvard Journal of Law & Gender Online. Here.
The Arizona Journal of Environmental Law & Policy (AJELP) is putting out an open call for submissions on a rolling basis for Fall 2018 publication. We are looking for publications focused on environmental issues and policy, specifically with the Southwest in mind. We welcome any and all perspectives! Click here for more information.
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