Order sheet here.
Previous coverage here.
Environmental
Eleventh Circuit Rules against Miccosukee Tribe in Dispute over Everglades Flood Control
Here is the opinion in Miccosukee Tribe of Indians v. United States. An excerpt:
Since 1995, the Miccosukee Tribe of Indians of Florida (“Tribe” or “Miccosukee tribe”) has had a running battle with the federal government over the government’s management of the Central and Southern Florida Project for Flood Control (“C&SF Project”) in the Everglades. This case is the most recent chapter. The gist of the four-count complaint the Tribe filed in this case is that the project diverts excessive flood waters over tribal lands—in part to protect other land owners whose properties are located within the project. The District Court dismissed three of the complaint’s counts for failure to state a claim for relief and the fourth on summary judgment. The Tribe appeals these decisions. We affirm.
Here are the briefs:
US Supplemental Letter Oct 2011
US Supplemental Letter Sept 2012
Complete Cert Stage Briefing in Native Village of Kivalina v. ExxonMobil Corp.
NCAI Public Comments on Keystone XL Pipeline Draft EIS
Here.
Arizona COA Holds Hopi Tribe May Proceed on Public Nuisance Claim against City of Flagstaff/Arizona Snowbowl
Here is the unpublished opinion:
An excerpt:
The superior court’s judgment dismissing the Tribe’s public nuisance claim is reversed. Although reversing, this decision does not address the merits of the public nuisance claim but, instead, addresses only the issues properly presented and decided on this appeal from the dismissal of the complaint pursuant to Arizona Rule of Civil Procedure 12(b)(6).
News coverage.
Coeur d’Alene Assistant Tribal Attorney Opening
The announcement is below. I used to work with the attorneys in this office as outside counsel–it seems like a great place to work!
Coeur d’Alene Tribe
Position Announcement
In-House Tribal Attorney. The Coeur d’Alene Tribe, located in Plummer, Idaho, is seeking one or two attorneys to join its In-House Legal Department. We will consider both experienced and entry-level positions. The ideal candidate will have experience in all aspects of Indian law and environmental and natural resources law. Applicants should be currently admitted to a state bar and willing to become a member of the Idaho State Bar within a reasonable time. Salary is competitive, dependent upon qualifications and experience, full benefit package and opportunity to work with a motivated and progressive team in a beautiful part of Idaho near Coeur d’Alene Lake. To apply, please send a letter of interest, resume and list of professional references to
tjordan@cdatribe-nsn.gov.
Ninth Circuit Affirms EPA Decision to Issue Permits for Offshore Drilling in Alaska
Here is the opinion in Resisting Environmental Destruction on Indigenous Lands v. EPA.
From the court’s syllabus:
The panel denied a petition for review, and upheld a decision of the Environmental Protection Agency granting two air permits authorizing exploratory drilling operations in the Arctic Ocean by a drillship and its associated fleet of support vessels.The panel upheld the EPA’s statutory and regulatory interpretations. Specifically, the panel held that the Clean Air Act is ambiguous as to the applicability of the best available control emissions to support vessels not attached to an Outer Continental Shelf source, and concluded under Chevron U.S.A., Inc. v. NRDC, Inc., 467 U.S. 837 (1984), deference that the EPA’s construction of the statute was permissible and reasonable. The panel also held that the EPA’s grant of a 500 meter ambient air exemption was not plainly erroneous or inconsistent with the EPA’s regulations.
Related opinion from last December here.
State of Washington City and Tribal Leaders Form Coalition Against Coal Trains
AP Story here.
Early this month, the Sierra Club and other conservation groups sent a 60-day notice of intent to sue to coal companies. The groups intend to file in federal court against the companies for violating the Clean Water Act. Stories on the notice are here and here.
The most recent previous post on this subject is here.
Kyle Whyte — “Justice Forward: Tribes, Climate Adaptation and Responsibility”
Kyle Whyte has posted yet another paper, “Justice Forward: Tribes, Climate Adaptation and Responsibility,” on SSRN. It is forthcoming in Climatic Change.
Here is the abstract:
Federally-recognized tribes must adapt to many ecological challenges arising from climate change, from the effects of glacier retreat on the habitats of culturally significant species to how sea leave rise forces human communities to relocate. The governmental and social institutions supporting tribes in adapting to climate change are often constrained by political obstructions, raising concerns about justice. Beyond typical uses of justice, which call attention to violations of formal rights or to considerations about the degree to which some populations may have caused anthropogenic climate change, a justice framework should guide how leaders, scientists and professionals of all heritages and who work with or for federally-recognized tribes understand what actions are morally essential for supporting tribes’ adaptation efforts. This paper motivates a shift to a forward-looking framework of justice. The framework situates justice within the systems of responsibilities that matter to tribes and many others, which range from webs of inter-species relationships to government-to-government partnerships. Justice is achieved when these systems of responsibilities operate in ways that support the continued flourishing of tribal communities.
Washington and Oregon Governors Ask for Review of Coal Export Consequences
This week, the governors of Washington and Oregon asked the Obama Administration to review proposed coal export terminals. The Seattle Times article is here and the Huffington Post article is here. The letter linked in the Seattle Times article is here.
An excerpt from the Seattle Times
Western coal producers, saddled with low prices and weak demand in U.S. markets, are eager to send more coal from the Powder River Basin in Montana and Wyoming to Asia. Much of that coal is on federal lands, but some is on tribal, private or state lands.
The proposals include two export terminals in Washington to be in Cherry Point, which is near Bellingham, and in Longview. There are also proposals for terminals in Oregon.
The prospect of using the Pacific Northwest as a launch point for coal exports has triggered intense controversy in both Oregon and Washington.
Seattle Human Rights Commission’s official comments are here. The Commission’s resolution on coal and the impact on Indian tribes is here. (Thanks to C.S.)
Finally, here is a Northwest Public Radio story about the potential effects of the proposed export plans on the Lummi Tribe.
Turtle Talk 
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