APA

Tenth Circuit Holds BLM Violated NEPA in Approving Chaco Canyon Fracking

Matthew L.M. Fletcher

Here is the opinion in Diné Citizens Against Ruining Our Environment v. Bernhardt.

Briefs here.

Tenth Circuit Briefs in Diné Citizens Against Ruining Our Environment v. Zinke [Chaco Canyon Fracking]

Matthew L.M. Fletcher

Here:

Opening Brief

Amicus Brief

federal brief

intervenors brief

navajo allottees amicus brief

Lower court materials here.

AFCARS Data Implementation Rule Delayed and Will be Revised. Again.

Kate Fort1 Comment

From the Administration for Children and Families here.

The rule is delayed until 2020 and the Administration is going to “streamline” the data elements. And then it might just be delayed again based on the “streamlining”:

The Children’s Bureau published in the Federal Register on August 21, 2018 a final rule to delay implementation of the December 2016 AFCARS final rule until October 1, 2020 (83 FR 42225). However, since we plan to revise the AFCARS data points, we will revisit this implementation date to provide a timeframe to allow title IV-E agencies time to comply with the revised AFCARS data points.

Federal Court Rejects Diné CARE Challenge to Fracking Near Chaco Canyon

Matthew L.M. Fletcher

Here are the materials in Diné Citizens Against Ruining Our Environment v. Zinke (D.N.M.):

112 dine care opening brief

113 us response

117 reply

132 dct order

 

Butte County Loses Challenge to NIGC Compact Approval

Sarah M Donnelly1 Comment

Here are the materials and documents in the matter of Butte County, CA v. Chadhouri et al, 08-cv-00519 (D.C. July 15, 2016):

Doc. 115 – Memorandum of Points and Authorities in Support of Plaintiff’s Motion for Summary Judgment

Doc. 117 – United States’ Opposition to Plaintiff’s Motion for Summary Judgment and Cross Motion for Summary Judgment

Doc. 119 – Intervenor Mechoopda Indian Tribe’s Memorandum in Opposition to Plaintiffs’ Motion for Summary Judgment

Doc. 121 – Memorandum on Opposition to Defendants’ Cross-Motion for Summary Judgment and Reply in Support of Plaintiff’s Motion for Summary Judgment

Doc. 124 – Intervenor Mechoopda Indian Tribe’s Consolidated Reply to Plaintiff’s Memorandum in Opposition to Intervenor Mechoopda Indian Tribe’s Cross Motion For Summary Judgment and Plaintiff’s Memorandum in Opposition to Defendants’ Cross Motion for Summary Judgment and Reply in Support Of Plaintiff’s Motion For Summary Judgment

Doc. 125 – United States’ Reply in Support of its Cross Motion for Summary Judgment

Doc. 128 – Memorandum-Decision and Order

Link to previous coverage here.

 

Environmental Challenge at Navajo Mine Continues

Matthew L.M. Fletcher

Here is the opinion in this NEPA claim (D. Colo.) — Dine Citizens against Ruining Our Environment v Klein

An excerpt:

This action concerns alleged violations of the National Environmental Protection Act (“NEPA”), 42 U.S.C. § 4321 et seq., and the Administrative Procedures Act (“APA”), 5 U.S.C. § 701 et seq., by the Department of Interior’s Office of Surface Mining Reclamation and Enforcement (“OSM”) in connection with OSM’s permitting of mining and related operations at the Navajo Mine. It is before me on the motion to dismiss or to transfer venue filed by OSM and Al Klein, its Western Regional Director, (collectively “Federal Defendants”) and separate motions to dismiss filed by intervenors Arizona Public Service Company (“APS”) and BHP Navajo Coal Company (“BHP”). Having carefully considered the motions, related briefing, and all applicable legal authorities, and being fully advised in the premises, I deny the motions in part and grant them in part.

Amodor County v. Kempthorne — No Judicial Review of Approval of Gaming Compact by Inaction

Matthew L.M. Fletcher1 Comment

Here are the materials in this case involving the Buena Vista Rancheria of Me-Wuk Indians:

dct-order-amador-county-v-kempthorne

doi-motion-to-dismiss

amador-opposition

doi-reply-brief