Proof in Trial: Appellate Edition: Stand Up for California et al. v. U.S. Department of the Interior et al.
The past month brought a flurry of updates from federal agencies publishing new procedures to implement the National Environmental Policy Act (NEPA), following President Trump’s Executive Order 14154 (EO 14154) in January...more
Eighteen Democratic AGs have submitted formal comment letters to several federal agencies urging them to withdraw recently issued final rules that rescind regulations implementing National Environmental Policy Act (NEPA)...more
Recent litigation to determine the status of the Shiloh parcel for the Koi Nation of Northern California (Koi) could result in resounding implications for tribal gaming, including the Department of Interior (DOI)...more
A recent decision by the U.S. Court of Appeals for the D.C. Circuit in Earthworks v. U.S. Department of the Interior has important implications for mining companies operating on public lands. This ruling upholds the Bureau of...more
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
The Missouri Attorney General and Missouri Department of Natural Resources (collectively, “Missouri”) filed a Complaint in the United States District Court for the Western District of Missouri on February 5th against: -...more
In 2016, DOI Secretarial Order 3338 imposed a moratorium on new coal leases on federal land until BLM prepared a programmatic environmental impact statement intended to address, among other issues, the impact of coal leasing...more
On June 19, 2018, the U.S. Circuit Court of Appeals for the District of Columbia rejected a challenge by environmental groups and held that the U.S. Department of the Interior (DOI) has no legal obligation to update its...more
On May 4, the U.S. District Court for the District of Columbia issued a “Deepwater Horizon” ruling in Center for Biological Diversity v. Zinke. The Center for Biological Diversity’s (Center) claims concerns the Department of...more
In one of her last major legal actions before leaving office as California’s Attorney General, Kamala Harris, along with the California Coastal Commission (jointly the “Attorney General”), filed suit against various federal...more
“Summer’s lease hath all too short a date.” Many important environmental and administrative law decisions were reported by the federal and state courts over the past six months. The courts are dealing with very...more