News & Analysis as of

Navajo Nation

Troutman Pepper

FERC Establishes New Policy to Reject Hydropower Preliminary Permit Applications Based on Tribal Opposition to Projects Located on...

Troutman Pepper on

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

Snell & Wilmer

Arizona District Court Finds Tribally Co-Owned Wireless Provider Not Entitled to Sovereign Immunity

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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

Schwabe, Williamson & Wyatt PC

Supreme Court Delivers Landmark Decision on Navajo Water Rights and Trust Obligations

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

Kilpatrick

Arizona v. Navajo Nation

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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

Procopio, Cory, Hargreaves & Savitch LLP

Latest U.S. Supreme Court Decision a Setback for Native Tribes and Their Rights

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

Beveridge & Diamond PC

U.S. Supreme Court Declines to Expand the Reserved Water Right

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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

Stoel Rives LLP

U.S. Supreme Court Limits Federal Government’s Obligation to Secure Water for the Navajo Nation

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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

Allen Matkins

California Environmental Law & Policy Update - 6.23.23

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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

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Arizona v. Navajo Nation

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

Dorsey & Whitney LLP

The Supreme Court Update - June 22, 2023

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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

Epstein Becker & Green

Court Rules Against Navajo Water Rights, Statutory Habeas Corpus – SCOTUS Today

Epstein Becker & Green on

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

Dorsey & Whitney LLP

The Supreme Court Update - November 4, 2022

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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

Schwabe, Williamson & Wyatt PC

Winters Water Rights Revived After Navajo Nation Case

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

Allen Matkins

Renewable Energy Update - October 2021

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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

Hogan Lovells

Coronavirus: The Hill and the Headlines, December 2020 # 5

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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

Hogan Lovells

Coronavirus: The Hill and the Headlines, December 2020 # 4

Hogan Lovells on

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

Allen Matkins

Renewable Energy Update - November 2020 #2

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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

Proskauer - Minding Your Business

Price Gouging Restrictions Beyond the 50 States

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

Allen Matkins

Renewable Energy Update - June 2020 #4

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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

Proskauer Rose LLP

Price Gouging Weekly Round Up - May 2020

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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

Allen Matkins

Renewable Energy Update - May 2020

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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

Allen Matkins

Renewable Energy Update - February 2020 #3

Allen Matkins on

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

Mitchell, Williams, Selig, Gates & Woodyard,...

Pumped Hydro Storage Project/Little Colorado River: Waterkeeper Challenge/Intervention in Federal Energy Regulatory Commission...

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

Kilpatrick

Organizing Indian Affairs for the Next 100 Years

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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

Schwabe, Williamson & Wyatt PC

Schwabe Defends Tribal Sovereignty

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

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