Here are new materials in Pakootas v. Teck Caminco (E.D. Wash.):
Washington Federal Court Rejects Cultural Resources Damages Claim under CERCLA
Environmental
Klamath Tribes Prevail in Klamath River Suit
Here are the materials in Klamath Tribes v. Bureau of Reclamation (D. Or.):
Robin Kundis Craig on Sackett + Navajo + Montana
Robin Kundis Craig has posted “Tribes and Water in the Wake of Navajo Nation and Sackett: Treaties, Winters, Montana, and Rights of Nature,” forthcoming in the William & Mary Environmental Law and Policy Review, on SSRN.
Here is the abstract:
As headlines over the last decade have made clear, people in the United States can no longer afford to take fresh water for granted. In the midst of increasing issues regarding both water quality and water quantity (allocation), Tribes are playing an ever-more-active role in the Nation’s water management. This Article provides an overview of the contemporary legal landscape governing tribal authority over water, emphasizing two recent Supreme Court decisions: Sackett v. Environmental Protection Agency (May 2023), in which the Supreme Court cut back on the Clean Water Act’s jurisdictional reach, and Arizona v. Navajo Nation, in which the Court held that the federal government has no trust duty to help Tribes get water.
HIGHLY RECOMMENDED!
Oklahoma Federal Court Permanently Enjoins Wind Farm
Here are the materials in United States v. Osage Wind LLC (N.D. Oklahoma.):
Prior posts here — there’s a lot of them (good for the lawyers, eh?).
Heather Tanana on Women Indigenous Leaders in the Colorado River Basin
Heather Tanana has published “Voices of the River: The Rise of Indigenous Women Leaders in the Colorado River Basin” in the Colorado Natural Resources, Energy & Environmental Law Review. Here is the abstract:
Climate change is one of the leading challenges facing tribes today. Traditionally, Indigenous women played significant roles in tribal decision-making and governance. However, European contact and colonization shifted gender dynamics, imposing male-dominated leadership. Recently, Native American women are reclaiming leadership positions—formally within tribal government, as well as informally in prominent community roles. These women are poised to lead the way in protecting their communities against climate change impacts, but support is critical to sustaining pathways to leadership. This article discusses the disproportionate impacts of climate change on tribes and highlights the rise of Indigenous female leadership within the Colorado River Basin to confront these challenges.
Tonawanda Seneca Sues Interior over Wastewater Pipeline Approval
Here is the complaint in Tonawanda Seneca Nation v. United States Fish and Wildlife Service (W.D. N.Y.):
Leech Lake Band of Ojibwe PFAS Settlement Documents
Here:
SCOTUS Declines to Review Ninth Circuit’s Rule 19/Tribal Immunity Decision
Here is Monday’s order list.
The petition was Klamath Irrigation District v. Bureau of Reclamation: petition and opposition briefs.
Seventh Circuit Briefs in Bad River v. Enbridge
New Student Scholarship on Ecocide as Prosecutable Genocide
Abbey Koenning-Rutherford has published “Dishonoring the Earth: Ecocide as Prosecutable Genocide Against Indigenous People” in the Georgetown Law Journal. PDF
Here is the abstract:
Global Indigenous people exist as one with the environment, with no western binary between people and nature. Destruction of Indigenous people is reciprocal with environmental destruction. Indigenous people, though only six percent of the global population, protect eighty percent of the world’s biodiversity and occupy exceedingly environmentally vulnerable regions. Because of these reasons, the International Criminal Court (the “ICC”) could be utilized to achieve justice by prosecuting ecocide as genocide, should impacted Indigenous peoples choose to utilize it
Turtle Talk 
You must be logged in to post a comment.