In its recent decision, Becerra v. San Carlos Apache, No. 23-250, the U.S. Supreme Court ruled the Indian Self Determination and Education Assistance Act (ISDEAA), 25 U.S.C. § 5301 et seq., requires the Indian Health Service...more
The Supreme Court’s June 27 decision in Securities and Exchange Commission v. Jarkesy marks a pivotal shift in administrative law, potentially limiting administrative adjudication of agency enforcement across the federal...more
7/11/2024
/ Administrative Authority ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Civil Monetary Penalty ,
Constitutional Challenges ,
Judicial Authority ,
Jury Trial ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Regulation ,
Seventh Amendment
For forty years, the Chevron doctrine, established in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), has been a cornerstone of administrative law in the United States. Under the...more
7/9/2024
/ 8(a) Program ,
Administrative Procedure Act ,
Alaska ,
Chevron Deference ,
Chevron v NRDC ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Government Agencies ,
Indian Gaming Regulation Act ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
SCOTUS ,
Small Business ,
Statutory Interpretation ,
Tribal Governments
On September 8, 2022, the Ninth Circuit Court of Appeals affirmed the reserved right of the Metlakatlan Indian Community to fish in the off-reservation waters where Metlakatlans had traditionally fished, and held that...more
A shift in administration at the state or federal level comes with regulatory changes and uncertainties. Already, the Biden administration has demonstrated it will have different environmental enforcement priorities and...more
On April 23, the United States Supreme Court held that discharges to groundwater may require a permit under the Clean Water Act if they are the “functional equivalent” of discharges directly to navigable waters. This ruling...more
4/28/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
On March 27, 2020, the President signed into law the Coronavirus Aid, Relief, and Economic Security (CARES) Act, H.R. 748, the largest economic relief package in U.S. history. This third round of COVID-19 legislation provides...more
On March 18, 2020, the President signed into law congressional legislation responding to the COVID-19 pandemic. The Families First Coronavirus Response Act (the “Act”) is a broad federal package that includes additional...more
3/29/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Free Health-Related Services ,
Indian Health Service (IHS) ,
Native American Issues ,
Public Health Emergency ,
Relief Measures ,
Social Services ,
Tax Credits ,
Tribal Governments ,
Virus Testing
In an effort to protect Indian tribal members and residents of Indian reservations and slow the spread of COVID-19, several tribes have issued shelter-in-place orders. Like the orders issued by a number of state governors,...more
With the outbreak of COVID-19, Washington Department of Ecology, along with many other government regulatory agencies, has adjusted its normal business practices. Maintaining a safe work environment can be challenging and...more
Indian tribal governments have the inherent power to declare states of emergency on tribal lands to protect the health and welfare of tribal members, and a number of tribes have issued emergency declarations under tribal law...more
In the continuing saga of Millennium Bulk Terminal’s efforts to build the largest coal export terminal in North America, on March 17, 2020, the Court of Appeals issued an unpublished decision with interesting holdings on...more