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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

EPA's New Section 401 Guidance: Will It Limit States' Authority or Just Make Them Mad?

Frustrated by some states’ use of their Clean Water Act (CWA) section 401 authority to oppose or delay energy projects—particularly the transportation of fossil fuels—the Trump Administration last Friday issued the second...more

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