water rights – Page 15

From The Daily Beast:
“For most Americans, the third week of December is about wrapping up Christmas shopping and prepping for a whirlwind of family gatherings. But for the leaders of the Navajo Nation, it’s about something much heavier: suicide prevention.”

Article is HERE.

Montana SCT Affirms Approval of Crow Water Compact

January 4, 2016January 4, 2016Matthew L.M. Fletcher

Here is the opinion:

Montana SCT Decision

Briefs are here.

Ninth Circuit Briefs in San Luis & Delta Mendota Water Authority v. Jewell

January 4, 2016December 13, 2016Matthew L.M. Fletcher

Here:

Federal Opening Brief

Hoopa Opening Brief

Yurok Opening Brief

San Luis & Delta-Mendota Water Authority Opening Brief

San Luis & Delta-Mendota Water Authority Response Brief

California Amicus Brief

Federal Response Brief

Hoopa Response Brief

Fishermen’s Brief

Yurok Response Brief

San Luis & Delta-Mendota Water Authority Reply

Lower courts materials here.

Law Professor Comments Submitted on EPA Proposed Rule

December 29, 2015December 28, 2015ilpc

Law Professor Comments regarding the Environmental Protection Agency’s (EPA) proposed Revision of Certain Water Quality Criteria Applicable to the State of Washington, Docket ID No. EPA-HQ-OW-2015-0174, published at 80 Fed. Reg. 55063 (Sept. 14, 2015):

Water quality standards (WQS) for Washington2 impact the rights, resources, and health and well-being of numerous tribes in the region. In fact, when the waters that support fish are allowed to be contaminated, tribes’ interests are profoundly affected and tribal people disproportionately among the most exposed. This context is significant, because it constrains rulemaking in important ways. Among other things, the adequacy of WQS for Washington must be considered in view of legal protections for tribes’ fishing rights, including treaties and other instruments.

Federal Court Issues Order in Penobscot River Dispute

December 18, 2015Matthew L.M. Fletcher2 Comments

Here is the opinion in Penobscot Nation v. Mills (D. Me.):

161 DCT Order

Briefs here.

Cert Petition (Yes, Another One) in Challenge to Crow Water Settlement

December 18, 2015December 18, 2015Matthew L.M. Fletcher1 Comment

Here is the petition in Crow Allottees v. Dept. of Justice:

Crow Allottees Cert Petition

Question presented:

Can the water rights owned by individual Crow Indian allottees – which this Court in United States v. Powers, 305 U.S. 527 (1939) recognized as distinct individual rights, separate from water rights possessed by the Crow Tribe – be awarded to the Crow Tribe in negotiations between the United States, the tribe, and the State of Montana?

Further, do the Montana Courts have jurisdiction to decide these questions of federal law related to allottees’ rights?

Lower court materials: briefs, Mont SCT Opinion.

Related federal court materials here.

Maine’s Second Amended Complaint in State v. McCarthy

November 23, 2015Sarah M Donnelly

Doc. 30- Second Amended Complaint

Previous Turtle Talk coverage here.

Maine is suing the EPA over agency action concerning the State’s surface water quality standards.