Call for Papers, University of Tromso

The University of Tromso has released a call for papers for its upcoming international symposium:

Extractive Industries in the North – what about Environmental Law and Indigenous Peoples Rights? 

The symposium will be held November 17-19, 2013.

The announcement and call for papers can be found here.

Karuk Tribe Files Lawsuit to Challenge Suction Dredges

An article from Courthouse News Service is here and an AP article via the Washington Post is here.

Complaint is here.

MSU International Law Review Call for Papers: Battle for the North — The Next Great Conflict

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University of Montana School of Law — Environmental/Indian Law Job Posting

The University of Montana School of Law invites applications for a tenure-track Assistant Professor of Law position for: Environmental/Indian Law.  The position is a ten-month contract beginning fall semester 2012.  Starting salary: $72,000 – $74,000.  To view a full job description, minimum requirements needed, and to apply, go to http://university-montana-hr.silkroad.com/epostings/.   ADA/EOE/AA/Veterans’ Preference

Benjamin Richardson on Indigenous Peoples and Environmental Governance

Benjamin Richardson has posted “Ties That Bind: Indigenous Peoples on Environmental Governance” on SSRN. This paper is forthcoming in the book, “Indigenous Peoples and the Law: Comparative and Critical Perspectives.” Here is the abstract:

Canvassing practices in many countries, this chapter analyses the relationships between Indigenous peoples and environmental governance. It examines the environmental values and practices of Indigenous peoples, primarily in order to assess their implications for the Indigenous stake in environmental governance. It identifies at least six major theories or perspectives concerning Indigenous environmental values and practices. Secondly, the chapter reviews the legal norms and governance tools that structure Indigenous involvement in environmental management, in order to assess their relative value for Indigenous stakeholders and implications for sustainable utilisation of natural resources.

Border Fence Construction Cert Petition — Defenders of Wildlife v. Chertoff

The Tohono O’odham Nation joined an amicus brief supporting the cert petition in Defenders of Wildlife v. Chertoff (No. 07-1180) (amici-supporting-cert-petn-national-advocacy-center-et-al). The government has until May 18 to file a response. This is a potentially ground breaking case, given that the Department of Homeland Security has invoked a statute that allows the Department to ignore any law (especially environmental protection laws) that would delay the construction of the border fence (for analysis, see SCOTUSblog).

We’ve written about some aspects of this controversy earlier (here).

Ellen Kohler on Water Management in Michigan

Ellen Kohler has published “Ripples in the water: judicial, executive, and legislative developments impacting water management in Michigan” as the lead article in Volume 53 of the Wayne Law Review.

Here is the introduction to this interesting paper:

Michigan is defined by water. The two peninsulas touch four of the five Great Lakes, creating 3,300 miles of Great Lakes shoreline. We enjoy 35,000 inland lakes and ponds, and 34,000 miles of rivers. Michiganders are very aware of our surface waters-we swim, fish, and boat in them. We see them on our maps of the state.

The water underground is more of an afterthought. Most of us don’t know how far underground the water is, where it is, or how it moves. Yet, groundwater is essential for our public health, safety, and welfare.

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DC Circuit Vacates EPA Mercury Emissions — New Jersey v. EPA

Here is the opinion.

Here is a link to our previous post that included several briefs, including the tribal brief.

Congrats to the petitioners!

Barsh on Applying Coast Salish Property Law in Environmental Law

Russel Lawrence Barsh has published “Coast Salish Property Law: An Alternative Paradigm for Environmental Relationships” in the Hastings West-Northwest Journal of Environmental Law and Policy.

Here is the introduction to this important paper:

            In different venues, Pacific Northwest anthropologist and linguist Wayne Suttles and Salish economist Ronald Trosper have argued that the indigenous peoples of Puget Sound and the Gulf of Georgia–the Coast Salish peoples of the ‘Salish Sea‘–achieved a high degree of economic stability and environmental sustainability through a distinctive regional form of social organization, law, and beliefs. This essay focuses on the nature of the Coast Salish legal paradigm and its implications for managing the living resources of the Salish Sea today. An appropriate starting-point is clarification of the nature of the prevailing paradigm of environmental law.

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Challenge to EPA’s Mercury Rule — New Jersey v. EPA (CADC)

The D.C. Circuit will hear oral argument in the challenge to EPA’s regulations applying to coal-fired plants, New Jersey v. EPA, on December 6, 2007. The panel includes Judges Rogers, Tatel, and Brown. The order on oral argument is here: D.C Circuit Order

Selected briefs are included below:

State Governments Opening Brief

Environmental Groups Opening Brief

Treaty Tribes Opening Brief

EPA Brief

Brief of States Supporting EPA

State Government Reply Brief

Environmental Groups Reply Brief

Treaty Tribes Reply Brief