Here are the materials in Yankton Sioux Tribe v. Bernhardt:
herman-law’s-opening-brief.pdf
Lower court materials here.
Here are the materials in Yankton Sioux Tribe v. Bernhardt:
herman-law’s-opening-brief.pdf
Lower court materials here.
Here are the materials in Koi Nation of Northern California v. Dept. of Interior:
Lower court materials here.
Here:
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:
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.
Here is the opinion in Hoopa Valley Tribe v. FERC.
Briefs here.
Here is the opinion in Oglala Sioux Tribe v. Nuclear Regulatory Commission.
Briefs here.
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