MSU Enbridge Tar Sands Resistance Tour Stop

Wednesday, 6-8 PM at the law school’s Castle Boardroom.

Details here. Facebook page here.

US and Industry Defeat Challenge to Uranium Mining at Grand Canyon Mine

Here are the materials in Grand Canyon Trust v. Williams (D. Ariz.):

140-1 Plaintiffs Motion for Summary J

146-1 US Motion for Summary J

147-1 Intervenors Motion for Summary J

151 Plaintiffs Reply

155 US Reply

156 Intervenors Reply

166 DCT Order

An excerpt:

This case arises out of the proposed renewal of operations at the Canyon Mine in Northern Arizona. The Canyon Mine is a breccia pipe uranium mine located six miles south of Grand Canyon National Park, in the Kaibab National Forest, and four miles north of Red Butte, a culturally and religiously significant site for the Havasupai and other tribes.

Catherine O’Neill on oral argument in Michigan v. EPA

This is a case about the EPA’s rule on mercury emissions from coal- and oil-fired power plants. Prof. O’Neill’s analysis of the argument a couple of weeks ago is here.

Michigan NALSA Event on Keystone XL Pipeline

  

Colin Kavanaugh

  

The Michigan law school community

  

   

Hopi Tribe Trust Breach Claim re: Safe Drinking Water Fails in Federal Circuit

Here is the opinion in Hopi Tribe v. United States.

An excerpt:

The Hopi Tribe filed suit against the United States in the Court of Federal Claims seeking damages to cover the cost of providing safe drinking water on the Hopi Reservation. In order to invoke the trial court’s jurisdiction, the Hopi Tribe must identify a statute or regulation imposing a specific obligation on the United States to provide adequate drinking water that would give rise to a claim for money damages. Because the Court of Federal Claims properly concluded that the Hopi Tribe failed to identify any source for a money-mandating obligation, we affirm

Briefs:

Hopi Tribe Brief

US Answer Brief

Hopi Reply

Lower court materials here.

 

William Mitchell Law Review: “Environmental Justice and Tribal Environmental Regulation”

Here:

Environmental Justice and Tribal Environmental Regulation
Stephen V. Quesenberry, Timothy C. Seward, and Adam P. Bailey, Tribal Strategies for Protecting and Preserving Groundwater

Richard Duncan and Christiana Martenson, I Can See Clearly Now: The EPA’s Authority to Regulate Indian Country Under the Clean Air Act

Jamie Kay Ford and Erick Giles, Climate Change Adaptation in Indian Country: Tribal Regulation of Reservation Lands and Natural Resources

Philomena Kebec, REDD+: Climate Justice or a New Face of Manifest Destiny? Lessons Drawn from the Indigenous Struggle to Resist Colonization of Ojibwe Forests in the Nineteenth and Twentieth Centuries

Liza Guerra Garcia, “Free the Land”: A Call for Local Governments to Address Climate-Induced Food Insecurity in Environmental Justice Communities 

Paula Goodman Maccabee, Tribal Authority to Protect Water Resources and Reserved Rights Under Clean Water Act Section 401

Ninth Circuit Opening Briefs in Challenge to EPA Permit for Navajo Generating Station

Here:

Environmental Groups Opening Brief

To’ Nizhoni Ani Opening Brief

Yazzie Opening Brief

Gila River Brief

Navajo Brief

A second appeal involving the Hopi Tribe’s challenge has been severed from this consolidated appeal:

CA9 Order

Navajo Generating Station

Pacific Standard Magazine Profile on New Fracking Rules

Here is “A Look at the New Rules on Fracking.”

Council of Canadians Report on Drinking Water in Canada

Report here. Website here.

On Notice for a Drinking Water Crisis in Canada is a report by Council of Canadians water campaigner Emma Lui that provides an overview of the drinking water advisories in effect in each of the provinces, territories and in First Nations. As of January 2015, there were at least 1,838 drinking water advisories in effect, including 1,669 drinking water advisories in communities across Canada and 169 drinking water advisories in 126 First Nation communities. It also provides a summary of the threats to drinking water sources across Canada.

Diné CARE Prevails in NEPA Challenge to Navajo Mine Expansion

Here are the materials in  Diné Citizens against Ruining Our Environment v. United States Office of Surface Mining Reclamation and Enforcement (D. Colo.):

48 Diné CARE Opening Brief

53 OSMRE Response

54 BHP Navajo Response

55 Diné CARE Reply

79 DCT Order

News coverage here.

Posts on prior motion to dismiss and motion to intervene.