Download opinion in U.S. v. Washington (9th Cir. Jun 27, 2016) here.
The decision is unanimous. Congratulations to all who worked on it through the years and first and foremost to the Tribes who brought it.
Previous coverage and briefs here.
Environmental
D. Wyoming Finds BLM Fracking Regulations Unlawful
Here are materials in Wyoming v. U.S. Dept. of Interior, et al, 15-cv-00043 (Jun. 21, 2016):
Doc. 180 – Ute Indian Tribe of the Uintah and Ouray Reservation Merits Brief
Doc. 193 – Federal Respondents’ Brief in Response to Merits Briefs of Industry and State Petitioners
Doc. 207 – Order on Petitions for Review of Final Agency Action
The DOI and respondents have filed a leave to appeal.
Link to previous coverage here.
Copies of Red Rock Testimony Dispatched to D.C. Officials
Links to coverage:
Red Rock Stories: Thirty-Four Writers Donate Their Work to Red Rock Testimony to Speak for Utah’s Public Lands and Advocate for Bears Ears
The Salt Lake Tribune: Bears Ears Book Will be Sent to Members of Congress
The New York Times: Can Poets Save the Parks?
DOI Seeks Attorney Advisor for Branch of Environment and Lands in D.C.
Link to USAJobs announcement here.
They provide legal advice on a range of Indian law matters, but particularly focus on Federal environmental law as it applies to Indian lands.
Ninth Circuit Rejects NEPA Challenge to NIGC Authority
Here is the opinion in Jamul Action Committee v. Chaudhuri.
The court’s syllabus:
The panel affirmed the district court’s denial of a petition for a writ of mandamus under the Administrative Procedure Act of a group of tribal members and organizations, alleging that the National Indian Gaming Commission violated the National Environmental Policy Act when it approved the Jamul Indian Village’s gaming ordinance for a casino in Jamul, California, without first conducting a NEPA environmental review. The district court held that the Gaming Commission’s approval of the 2013 gaming ordinance was not “major federal action” within the meaning of NEPA requiring the preparation of an environmental impact statement. Affirming on different grounds than the district court, the panel held that even if the GamingCommission’s approval of the gaming ordinance was a major federal action within the meaning of NEPA, the GamingCommission was not required to prepare an environmental impact statement because there was an irreconcilable statutory conflict between NEPA and the Indian Gaming Regulatory Act, pursuant to San Luis & Delta-Mendota Water Auth. v. Jewell, 747 F.3d 581, 648 (9th Cir. 2014) (holding that an agency need not adhere to NEPA “where doing so ‘would create an irreconcilable and fundamental conflict’ with the substantive statute at issue”).
Briefs here.
Associate Attorney Opening with Earthjustice in Seattle
Link to job announcement here.
“The Northwest Office opened in 1987 to enable Earthjustice to take a more active role in preserving the unique natural resources and environment of the Pacific Northwest. Since that time, the Northwest office has undertaken campaigns to protect old growth forests, promote salmon recovery, improve water quality, protect Puget Sound and the communities that depend on it, stop coal-fired power plants, protect farmworkers and their families from pesticides, and respond to climate change, among other things.”
Ninth Circuit Rejects Challenge to Federal Approval of Tule Wind Project over Eagle-Based Challenge
Here is the opinion in Protect Our Communities v. Jewell.
From the syllabus:
The panel affirmed the district court’s summary judgment in favor of federal agencies and officials and intervenor Tule Wind, LLC in an action challenging the Bureau of Land Management’s decision to grant a right-of-way on federal lands in southeast San Diego County, permitting Tule Wind to construct and operate a wind energy project.
Briefs:
Backcountry Against Dumps Opening Brief
Related lower court materials here.
EPA publishes Revised Interpretation of Clean Water Act TAS Provision
On May 16, the EPA published a final revised interpretation of the Clean Water Act’s TAS provision in the Clean Water Act, concluding that the Treatment as State provision includes an express delegation of authority by Congress to Indian tribes to administer regulatory programs over their entire reservations, subject to section 518(e)’s eligibility requirements. This revised interpretation eases the burden for tribes applying for TAS status under the Act, removing the hurdle of having to demonstrate inherent regulatory authority under the Montana test in order to apply for TAS status. The revised interpretation is likely to reduce the time and resources required to obtain EPA approval of TAS applications, particularly for tribes with lands owned by non-Indians within their reservation boundaries.
The Final Interpretive Rule published in the Federal Register is here.
The EPA’s Response to Public Comments on the Revised Interpretation here.
Remaining CERCLA Claims against Laguna Dismissed
Here are the materials in Atlantic Richfield Co. v. United States (D. N.M.):
Nebraska State Bar Indian Law Section CLE
The Nebraska State Bar Indian Law Section will be hosting an Indian Law CLE that will focus on Indian Law 101 information for jurisdiction, ICWA, and tribal court practice.
The CLE will be webcast, so other attorneys from other states can register and gain CLE credit.
Turtle Talk 
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