Environmental

Federal Court Orders Environmental Review of DAPL

Matthew L.M. Fletcher1 Comment

Here is the opinion and order in Standing Rock Sioux Tribe v. United States Army Corps of Engineers (D.D.C.):

NARF Statement on Bears Ears Interim Report

Kate Fort

Here.

Last night we retweeted statements from the Bears Ear Coalition and Senator Udall.

Secretary Zinke Submits 45 Day Interim Report on Bears Ears National Monument

Kate Fort

Press release here.

Press coverage stating there were more than 55,000 public comments left regarding Bears Ears here. The press release states the comment period on Bears Ears will now be left open until July 10. There are more than 155,000 public comments on the national monuments the President listed in his Executive Order.

WaPo coverage here with a link to the actual report up on scribd.

Previous coverage here.

Federal Court Dismisses Wisconsin Oneida Suit over Renewable Energy

Matthew L.M. Fletcher

Here are the materials in Oneida Seven Generations Corporation v. City of Green Bay (E.D. Wis.):

10 Green Bay Motion to Dismiss

14 Opposition to 10

17 Reply

19 DCT Order

An excerpt:

Plaintiffs Oneida Seven Generations Corporation (OSGC) and Green Bay Renewable Energy, LLC, (GBRE) filed this action against the City of Green Bay pursuant to 42 U.S.C. § 1983 alleging the City violated their rights to substantive and procedural due process when the Common Council voted to revoke a conditional use permit it had granted only one year earlier. The case is before the Court on the City’s motion to dismiss for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules for Civil Procedure. The City also contends that the complaint fails to allege facts showing GBRE has any interest or suffered any loss in the transaction and that OSGC lacks capacity to sue under the laws of the Oneida Nation under which it was chartered. For these reasons, as well, the City argues that the claims against it should be dismissed.

 

MLive: “1836 treaty puts Michigan tribes at center of Nestle water bid”

Matthew L.M. Fletcher

Here.

Federal Court Orders More Briefing on Ownership Liability in CERCLA Suit Involving Navajo Reservation Uranium Mining

Matthew L.M. Fletcher1 Comment

Here are the materials in El Paso Natural Gas Co. LLC v. United States (D. Ariz.):

114 Plaintiff Motion for Summary J

119 US Response

123 Reply

128 DCT Order

An excerpt:

Plaintiff El Paso Natural Gas Company brought suit under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) against Defendants United States of America, United States Department of the Interior, United States Bureau of Indian Affairs, United States Geological Survey, United States Department of Energy, and United States Nuclear Regulatory Commission (collectively, “United States”). Doc. 55. Plaintiff has filed a motion for partial summary judgment. Doc. 114. The motion is fully briefed (Docs. 114, 119, 123), and the Court heard oral argument on June 1, 2017. For reasons that follow, the Court rejects the United States’ sovereign immunity defense and will require additional briefing on the question of its CERCLA owner liability.

Consent Decree in Navajo Nation Recovery for Hazardous Substances at Abandoned Uranium Mines

Sarah M Donnelly

Here are documents in the matter of Navajo Nation v. Cyprus Amax Minerals Company et al, 17-cv-00140 (D. Ariz. May 22, 2017):

Here are the documents in the related matter of United States v. Cyprus Amax Minerals Company et al, 17-cv-08007 (D. Ariz. May 22, 2017):

Link: Previously posted materials

DOI Consultation Notice on DOI Reorganization

Sarah M Donnelly

Download(PDF): Tribal Listening Sessions on E.O. 13871: Reorganization of the Executive Branch

Acting Assistant Secretary for Indian Affairs, Michael S. Black, invites Tribal leaders to attend one of the listed listening sessions to provide input on improving “efficiency, effectiveness, and accountability” at the Department of the Interior.

DATES

Zinke Apparently Promised to Rescind the Bears Ears Monument Designation

Matthew L.M. Fletcher

Here.

“‘Spiteful and petty’: Maine governor bans signs to Obama-designated monument”

Matthew L.M. Fletcher

From the Guardian, here. 

Katahdin is the Penobscots’ sacred mountain. When you look north as the river splits into its east and west branches, you look directly at Katahdin.