D.C. Circuit Briefs in Law Firm’s Effort to Intervene in Yankton Sioux Tribe’s Trust Breach Claim against Interior

Here are the materials in Yankton Sioux Tribe v. Bernhardt:




Lower court materials here.

California Trout & Trout Unlimited v. Hoopa Valley Tribe & FERC Cert Petition


Cert Petition

Question presented:

Do states waive their authority under section 401 of the Clean Water Act if they do not approve or deny a certification request within one year, even when an applicant withdraws and resubmits the request before that one year ends?

Lower court materials here.

UPDATE — cert stage briefs:

Hoopa BIO

PacifiCorp BIO

States Amicus Brief


California Trout Reply

D.C. Circuit Decides United Keetoowah Band of Cherokee Indians v. FCC

Here is the opinion.

An excerpt:

We grant in part the petitions for review because the Order does not justify the Commission’s determination that it was not in the public interest to require review of small cell deployments. In particular, the Commission failed to justify its confidence that small cell deployments pose little to no cognizable religious, cultural, or environmental risk, particularly given the vast number of proposed deployments and the reality that the Order will principally affect small cells that require new construction. The Commission accordingly did not, pursuant to its public interest authority, 47 U.S.C. § 319(d), adequately address possible harms of deregulation and benefits of environmental and historic-preservation review. The Order’s deregulation of small cells is thus arbitrary and capricious. We do not reach the alternative objections to the elimination of review on small cell construction. We deny the petitions for review on the remaining grounds.

Prior post here.

D.C. Circuit Briefs in Moncrief v. Dept. of Interior


US Voluntary Dismissal

Intervenor Appellant Brief

Blackfeet Amicus Brief

Lower court materials:

1 Complaint

19 Moncrief MSJ

21 Federal Cross MSJ

24 Intervenors Cross MSJ

26 Moncrief Reply

28 Federal Reply

29 Intervenors Reply

37 DCT Order

D.C. Circuit Strikes Down Tribal Rural Limitation on Broadband Lifeline Project

Here is the opinion in National Lifeline Association v. FCC.


National Lifeline Brief

Tribal Brief

FCC Brief

National Lifeline Reply

Tribal Reply