Here.
High Country News: “Northern California tribes face down massive wildfires”
Here.
Environmental
Environmental Assessment Not Vacated on Remand in Dakota Access
Here are the documents in the matter of Standing Rock Sioux Tribe et al v. U.S. Army Corps of Engineers et al (D.D.C. 16-cv-01534):
Other materials posted here.
Excerpt:
In light of the “serious possibility” that the Corps will be able to substantiate its prior conclusions, the Court finds that vacatur is not the appropriate remedy in this case. That determination does not, however, excuse Defendants from giving serious consideration to the errors identified in this Court’s prior Opinion. Compliance with NEPA cannot be reduced to a bureaucratic formality, and the Court expects the Corps not to treat remand as an exercise in filling out the proper paperwork post hoc. After the agency’s further work on remand, the parties may well disagree over the sufficiency of its conclusion. If and when such a dispute arises, they will again have the opportunity to address whether Defendants have in fact fulfilled their statutory obligations.
The Onion: “EPA To Drop ‘E,’ ‘P’ From Name”
Here.
Arizona State CLE — Cultures Under Water: Climate Impacts on Tribal Cultural Heritage
Cultures Under Water: Climate Impacts on Tribal Cultural Heritage CLE
Wednesday, December 6 – Friday, December 8
8:00 a.m. – 7:30 p.m.
Memorial Union, Ventana Ballroom
1290 S. Normal Ave., Tempe, AZ 85287
ASU Tempe campus
Extreme weather and climate events have increased over the past 50 years and Indigenous peoples are among the most vulnerable to the adverse effects because they are often inextricably tied to their land. As a result, climate change not only threatens the landscape, but also cultural identity. Indigenous peoples have used traditional knowledge to mitigate climate disruptions and to adapt to the changing environment. However, policy discussions have failed to adequately address climate impacts on cultural heritage, and the rapid rate of climate disruptions continues to threaten indigenous cultures and communities with alarming speed. This conference will build on the discussions of climate change, adaptation, and traditional knowledge by focusing specifically on climate impacts on tribal cultural heritage.
We will bring together tribal leadership and members, scientists, scholars, attorneys and activists to discuss climate change threats and challenges faced by indigenous communities. The goal is to share knowledge and resources with tribal representatives to respond to threats to cultural heritage by addressing: Is cultural heritage a human right, and why is tribal cultural heritage important? How does climate change impact tribal cultural heritage? How can tribal communities maintain cultural heritage in the face of changing climate risks? Attendees will participate in sessions that focus on identifying obstacles and proposing solutions to these challenges.
Note: On the evening of Wednesday, December 6, the Memorial Union will feature Before The Flood by Fisher Stevens. This film features Leonardo DiCaprio with contributions by many scientists and researchers from around the world, who meet and discuss the reality of climate change in various locations on five continents as they witness climate change firsthand.
- State Bar of Arizona does not approve CLE activities, however, this activity may qualify for approximately 7 credit hours.
Register at: law.asu.edu/climateimpacts
Non-CLE – $25
Early Bird (until 10/30) – $150
Standard – $200
Questions? Contact Jennifer Williams at jennifer.h.williams@asu.edu or 480-727-0420
Interior Dept. Official who Spoke Out in Favor of Alaska Natives Resigns
Ninth Circuit Decides Sturgeon Hovercraft Matter on Remand from SCOTUS
Here is the opinion in Sturgeon v. Masica. An excerpt:
John Sturgeon would like to use his hovercraft in a national preserve to reach moose hunting grounds. The State of Alaska is fine with that; the federal government is not. Sturgeon’s case turns on which entity—state or federal—gets to decide the matter. On remand from the Supreme Court, we again conclude that the federal government properly exercised its authority to regulate hovercraft use on the rivers within conservation system units in Alaska.
Briefs:
News Profile on Pebble Mine in Alaska
Here, from Project Earth.
Federal Court Holds Shoshone-Bannock Tribes Have Authority to Impose $1.5M Annual Permit Fee on FMC Corp.
Here is the order in FMC Corp. v. Shoshone-Bannock Tribes (D. Idaho):
64-1 Tribe Motion on Montana 1
65-1 Tribe Motion on Montana 2
66-1 Tribe Motion on Tribal Process
67-2 FMC Motion on Tribal Process
72 FMC Opposition re Montana 1
73 FMC Opposition re Montana 2
74 FMC Opposition re Tribal Process
76 Tribe Response re Montana 1
77 Tribe Response re Montana 2
News coverage here.
Standing Rock/NoDAPL Motion to File Amicus in Support of Dakota Access and ACOE Brief Regarding Remedy
Here are the briefs(PDF) in the matter of Standing Rock Sioux Tribe et al v. U.S. Army Corps of Engineers et al, (D.D.C. 16-cv-01534):
- 258- United States Army Corps of Engineers’ Brief Regarding Remedy
- 259- Motion of the American Fuel & Petrochemical Manufacturers, the American Petroleum Institute, the Association of Oil Pipe Lines, the Chamber of Commerce of the United States of America, and the National Association of Manufacturers for Leave to File Amici Curiae Brief in Support of Dakota Access, LLC’s Brief on Vacatur
Ethel Branch: “Native tribes deserve respect for work on the Bears Ears Monument”
In The Hill, here.
Turtle Talk 
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