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Ninth Circuit Finds No Sovereign Immunity Waiver For Tribes Under CWA

On June 23, 2021, the Ninth Circuit in Deschutes River All. v. Portland Gen. Elec. became the first court in the country to hold that Congress did not clearly and unambiguously waive tribal sovereign immunity under the Clean...more

DC Circuit Strictly Construes One-Year Deadline for State Waivers of Water Quality Certifications

On January 25, 2019, in Hoopa Valley Tribe v. Federal Energy Regulatory Commission, No. 14-1271, 2019 WL 321025 (D.C. Cir. Jan. 25, 2019), the U.S. Court of Appeals for the D.C. Circuit ruled that the...more

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