News & Analysis as of

Water Tribal Lands

Nossaman LLP

California Focuses on Water Supply Resiliency in Updated Water Plan

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On April 2, 2024, the California Department of Water Resources (DWR) released the California Water Plan Update 2023 (CWP 2023 Update). DWR’s press release dubs the plan “A Roadmap to Water Management and Infrastructure for a...more

Beveridge & Diamond PC

2024 Litigation Look Ahead Series: SCOTUS’ Pass on Cases Sets Up Continued Fight Over Tribal Water Rights, State Mineral...

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B&D is pleased to present the final installment of our 2024 Litigation Look Ahead series. (Read part five covering the Comprehensive Environmental Response, Compensation, and Liability Act here.) In this edition, our...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

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

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

Epstein Becker & Green

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

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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

Holland & Knight LLP

Mining and Water Concessions Bill Approved in Mexico

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Yesterday, on April 20, 2023, the Mexican Plenary of the Chamber of Deputies approved, in general and in particular, the initiative presented by the Deputies of the Morena Parliamentary Group on mining and water matters. This...more

Nossaman LLP

ESA Preempts Oregon Water Rule in U.S. District Court Decision

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On February 6, the U.S. District Court for the Northern District of California sided with the Bureau of Reclamation (Reclamation) and plaintiffs Institute for Fisheries Resources, Pacific Coast Federation of Fishermen’s...more

Tonkon Torp LLP

A Terrible Time To Be Without Water

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On the reservation of the Confederated Tribes of Warm Springs in Central Oregon, it’s wildfire season. As of August 25, two fires were burning. Fortunately, firefighters have been able to bring in air support to help put out...more

Allen Matkins

California Environmental Law & Policy Update - June 2020 #4

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Bayer to pay more than $10B to resolve lawsuits over Roundup, PCBs, and Dicamba - Bullet NPR – June 24 - Bayer will pay more than $10 billion to end tens of thousands of lawsuits filed over its Roundup weedkiller, the...more

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

Closing the Water Access Gap in the United States/A National Action Plan: U.S. Water Alliance/Dig Deep Report

The organizations U.S. Water Alliance and Dig Deep (collectively “Alliance”) issued a report titled: Closing the Water Access Gap in the United States – A National Action Plan (“Report”) - ...more

Beveridge & Diamond PC

California Court Finds Tribe Lacks Standing to Quantify Reserved Water Right

The Central District of California in the second phase of Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District et. al. issued a decision with massive implications for water rights in the West. In the...more

Best Best & Krieger LLP

Tribe Lacks Standing in Water Suit - Representing Desert Water Agency, BB&K Attorneys Won Partial Dismissal of Case

Best Best & Krieger LLP attorneys successfully defended a lawsuit filed by the Agua Caliente Band of Cahuilla Indians against two water agencies by showing the tribe lacked standing to pursue federal claims involving...more

Kilpatrick

KT Client Success - Big Win in Water Rights Fight

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The Kilpatrick Townsend Native American Team achieved a significant victory for longtime firm client the Ak Chin Indian Community (Community), resulting in a judgment protecting Ak-Chin’s federal water rights. After...more

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

Approach for Development of National Water Program Core Measures: U.S. Environmental Protection Agency Request for Input

The United States Environmental Protection Agency (“EPA”) published a July 13th document titled: Approach for Development of National Water Program Core Measures (“Document”)...more

Akin Gump Strauss Hauer & Feld LLP

American Indian Law and Policy: 10 Things You Need to Know - December 2017

Congress returned from the Thanksgiving holiday with an intense workload that must be completed by the end of the year. Tax reform remains a focus, and the Republican-controlled Congress is still committed to getting a final...more

Seyfarth Shaw LLP

EPA And The Corps Propose To Add Years To “Effective” Applicability Date Of WOTUS Rule

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Seyfarth Synopsis: The Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) proposed a rule that would add an applicability date two years in the future to the Obama-era Waters of the United...more

Best Best & Krieger LLP

Public Trust Doctrine & Water Rights - The Walker Case: Does the Public Trust Doctrine Apply to Water Rights Established in...

A case currently pending in the Ninth Circuit raises a significant and novel issue of western water law. The case addresses whether the public trust doctrine can authorize modification of a water rights decree and...more

Holland & Knight LLP

Clean Water Act Nationwide Permits Reissued: Permit Streamlining Remains Intact

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The U.S. Army Corps of Engineers (Corps) on Jan. 6, 2017, published a final rule reissuing its Clean Water Act Nationwide Permits (NWPs) with some modifications (88 Fed. Reg. 1860). The NWP program authorizes streamlined...more

Pierce Atwood LLP

Pierce Atwood Environmental Regulatory Compliance Calendar

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NEW REGULATORY DEVELOPMENTS - Federal - - Program Requirement Revisions Related to the Public Water System Supervision Programs for Massachusetts, Rhode Island, and Vermont - EPA is giving notice that...more

Perkins Coie

Supplement — Curtin’s California Land Use

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This Supplement is intended for use in conjunction with Curtin’s California Land Use & Planning Law, Thirty-Fourth Edition (2014), authored by Perkins Coie attorneys Cecily Talbert Barclay and Matthew S. Gray. In lieu of...more

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