At the February 15, 2024, FERC open meeting and in four orders issued the same day, FERC established a new policy governing its issuance of preliminary permits under section 4(f) of the Federal Power Act (“FPA”), pursuant to...more
In an order filed on June 27, 2023, the Arizona District Court determined that a wireless provider co-owned by the Navajo Nation was not immune from suit in federal court. In Tsosie v. N.T.U.A. Wireless LLC, et al.,...more
On June 22, 2023, the United States Supreme Court handed down its third decision regarding federal Indian law this term. In a 5-4 decision, the Court held that the Navajo Treaty of 1868 does not require the United States to...more
The Majority Opinion - Last Thursday, the United States Supreme Court issued its opinion in Arizona v. Navajo Nation, the third Supreme Court Indian law decision in the last two weeks. Released on the heels of a major...more
In a highly unwelcome decision for Native tribes relying on treaties with the U.S. government, the U.S. Supreme Court held recently that the government’s general trust obligation to Navajo Nation does not require the federal...more
On June 22, the U.S. Supreme Court issued a decision in Arizona v. Navajo Nation, No. 21-1484, holding that the Federal government is not responsible for taking affirmative steps to help the Navajo Nation secure access to...more
On June 22, 2023, the U.S. Supreme Court issued its opinion in Arizona v. Navajo Nation, No. 21-1484, limiting the federal government’s obligation to affirmatively secure water for federally recognized Indian tribes. The...more
3M announced on Thursday that it has reached a $10.3 billion settlement with many U.S. public water systems to resolve water pollution claims tied to per- and polyfluoroalkyl substances, commonly known as “PFAS.”...more
On June 22, 2023, the U.S. Supreme Court decided Arizona v. Navajo Nation, No. 21-1484, holding that the federal government is not obligated to affirmatively secure access to water for the Navajo Nation....more
The Supreme Court of the United States issued four decisions today: Arizona v. Navajo Nation, No. 21-1484: This case considered the federal government’s obligations related to the Navajo Tribe’s access of the Colorado...more
With four decisions yesterday, the Court has now cut its backlog down to the mid-teens. And with decisions likely today as well, the Court is well on its way to clearing the docket as the term ends....more
Today, the Supreme Court of the United States granted certiorari in three cases: Amgen Inc. v. Sanofi, No. 21-757: This case concerns the Patent Act’s requirement that a patent’s “specification shall contain a written...more
For more than a century, since Winters v. United States, 207 U.S. 564 (1908), the Supreme Court has recognized that when the United States establishes a Native reservation, it impliedly reserves sufficient water rights to...more
City of L.A. to spend $30M on solar generation and storage - Los Angeles Daily News – September 27 - As Los Angeles sets out to achieve 100% renewable energy by 2035, city officials on Monday announced a $30 million...more
In Washington: President-elect Joe Biden picked California Attorney General Xavier Becerra to be his health secretary. Becerra was a defender of the Affordable Care Act. Separately, Biden picked a Harvard infectious...more
In Washington: On Thursday, the U.S. experienced the deadliest 24 Hours since the Coronavirus pandemic began as a record 2,777 Americans died in just 24 hours. More than 14 million Americans have now tested positive,...more
The U.S. installed 4.5 GW of utility-scale solar in 2019 - Bullet PV Magazine – November 10 - More than 4.5 gigawatts of utility-scale solar came online in the United States in 2019, bringing cumulative capacity to...more
We continue to cover the patchwork of price gouging laws and enforcement actions brought under them, providing an overview of the current legal landscape. We are also following and will report on the application of price...more
Federal lands woefully underutilized for utility-scale solar, according to new study - Bullet Solar Industry Magazine – June 22 - The Bureau of Land Management (BLM), which manages lands across Arizona, New Mexico,...more
Price gouging enforcement and litigation is front and center for company counsel and business managers nationwide. Our weekly round up highlights some of the most relevant news and information to our clients and friends....more
Developer sPower teams up with Navajo Power to replace coal plant with solar - Bullet Greentech Media – May 6 - For decades, the massive coal-fired Navajo Generating Station powered the great cities of the Desert...more
California’s solar mandate to deliver more than 1 GW Bullet - PV Magazine – February 13 - California’s new residential solar mandate, effective from the first day of 2020, is going to add more than 1 gigawatt of...more
The Waterkeeper Alliance, Inc., and other organizations (collectively, “Waterkeeper”) filed a Motion to Intervene (“Motion”) in a Federal Energy Regulatory Commission (“FERC”) proceeding. The challenged project involves a...more
Secretary Zinke welcomed 2018 with a proposal to reorganize the Department of the Interior’s regions by watersheds and ecosystems. Reported as his largest priority, Secretary Zinke advocates that the 13 reorganized regions,...more
The trial team of Brien Flanagan, Aukjen Ingraham and Sarah Lawson successfully stood up to outside parties attempting to interfere in the Navajo Nation’s economic activity. Federal Judge Steven Logan granted the Navajo...more