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:

herman-law’s-opening-brief.pdf

yankton-answer-brief.pdf

federal-answer-brief.pdf

Lower court materials here.

Koi Nation v. Dept. of Interior Remanded to Agency by D.C. Circuit

Here are the materials in Koi Nation of Northern California v. Dept. of Interior:

Federal Motion to Remand

Order

Lower court materials here.

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

Here:

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

US BIO

California Trout Reply

D.C. Circuit Briefs in Narragansett Indian Tribal Historic Preservation Office v. FERC

Here:

Tribe Brief

FERC Brief

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/Solonex v. Bernhardt

Here:

US Voluntary Dismissal

Intervenor Appellant Brief

Blackfeet Amicus Brief

Solonex Brief

Western Energy Alliance Amicus Brief

Interior Reply

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.

Briefs:

National Lifeline Brief

Tribal Brief

FCC Brief

National Lifeline Reply

Tribal Reply

D.C. Circuit Grants Hoopa Tribe Petition re: Klamath River Hydropower

Here is the opinion in Hoopa Valley Tribe v. FERC.

Briefs here.

Opposition Briefs in Stand Up For California v. Dept. of Interior

Here:

North Fork Rancheria Opposition Brief

US Opposition Brief

UPDATE 12/12/18): Reply

Cert petition here.

D.C. Circuit Grants Oglala Sioux Tribe Petition for Review of Black Hills Uranium Mining Approval

Here is the opinion in Oglala Sioux Tribe v. Nuclear Regulatory Commission.

Briefs here.