Lower court materials here.
Recently, the White House Council on Environmental Quality released new proposed rules for the National Environmental Policy Act. The proposed rules would significantly change the environmental permitting process and gut the review process, impacting tribal interests throughout Indian Country.
Comments are now open. Anyone, individuals or tribal governments, may submit comments on these rules. Importantly, comments and collecting evidence of negative impacts are very important at this stage in the process to preserve future legal claims. Tribal governments are strongly encouraged to submit comments. Comments are open until March 10, 2020.
Currently, the MSU Indian Law Clinic is collaborating with Earthjustice to create a general comment letter to submit regarding how the proposed rules impact tribal interests. Additionally, Earthjustice is seeking to support and assist tribes who would like to submit a comment letter. Please contact Stefanie Tsosie (Senior Associate Attorney at Earthjustice) here if you have questions or would like further assistance drafting a comment letter.
Here are the materials in Cottonwood Environmental Law Center v. Bernhardt (D. Mont.):