Robert Williams has published “Kicking Native People Off Their Land Is a Horrible Way to Save the Planet” in the New York Times.
PDF here:
Here are new materials in Pakootas v. Teck Caminco (E.D. Wash.):
Here are the materials in Klamath Tribes v. Bureau of Reclamation (D. Or.):
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.
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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 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.
Here is the complaint in Tonawanda Seneca Nation v. United States Fish and Wildlife Service (W.D. N.Y.):
Here:
Here is Monday’s order list.
The petition was Klamath Irrigation District v. Bureau of Reclamation: petition and opposition briefs.
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