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Supreme Court of the United States Water

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Beveridge & Diamond PC

SCOTUS Freezes States’ Efforts to Resolve Water Conflict

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What Happened? On June 21, 2024, the Supreme Court narrowly held that three states could not enter a consent decree to settle their interstate water dispute without the support of the intervening federal government. The...more

Nutter McClennen & Fish LLP

Environment & Energy Insights (June 2024)

Welcome to June’s Environment & Energy Insights Newsletter. This month we are covering: - Legal challenges to natural gas infrastructure bans, including a possible suit in Massachusetts - Possible climate/energy bill...more

Mintz

Clean Energy Developers Beware! EPA will prosecute you for runoff from your solar farm sites.

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EPA issued a press release yesterday that caught my eye and if you're in the business of building things, including solar projects, it is worthy of your attention too. The press release announces a settlement between a solar...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

Allen Matkins

California Environmental Law & Policy Update 2.23.24

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During arguments on Wednesday in the most significant environmental dispute before the U.S. Supreme Court this year, the Court's conservative justices expressed skepticism over the Environmental Protection Agency's efforts to...more

Foley Hoag LLP - Environmental Law

Post-Sackett, Who Will Speak for the Clean Water Act?

Earlier this month, in Lewis v. United States the 5th Circuit issued a decision interpreting the Supreme Court’s decision in Sackett v. EPA. The 5th Circuit decision is a model of clarity and demonstrates what I’ll call the...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

Kilpatrick

Arizona v. Navajo Nation

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The Majority Opinion - Last Thursday, the United States Supreme Court issued its opinion in Arizona v. Navajo Nation, the third Supreme Court Indian law decision in the last two weeks. Released on the heels of a major...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

Dorsey & Whitney LLP

The Supreme Court Update - June 22, 2023

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The Supreme Court of the United States issued four decisions today: Arizona v. Navajo Nation, No. 21-1484: This case considered the federal government’s obligations related to the Navajo Tribe’s access of the Colorado...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

Foley Hoag LLP - Environmental Law

EPA Proposes A Section 401 “Improvement Rule” — Now That’s a Low Bar

Last week, EPA released its proposed “Clean Water Act Section 401 Water Quality Certification Improvement Rule”. The proposed rule would make a number of significant changes to the rule promulgated by EPA in 2020....more

Schwabe, Williamson & Wyatt PC

Winters Water Rights Revived After Navajo Nation Case

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

Troutman Pepper

Equitable Apportionment of Interstate Waters Sinks to New Levels

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In a landmark ruling signaling a new lens with which to view the treatment of interstate water allocation, the U.S. Supreme Court issued a decision on November 22 in Mississippi v. Tennessee, et al., 595 U.S. ___ (Case No....more

Husch Blackwell LLP

Water Law Update: The Equitable Apportionment Doctrine: It’s not Just for Rivers and Streams Anymore

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In case you missed it while preparing for your Turkey dinner, on November 22, 2021, the United States Supreme Court decided 9-0 that the Equitable Apportionment Doctrine, which had prior to this decision been held to apply...more

Latham & Watkins LLP

US Supreme Court Decision May Affect NRD Trusteeship Determinations

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The decision could complicate states’ ability to pursue groundwater natural resource damages actions. On November 22, 2021, the US Supreme Court held that equitable apportionment applies to a dispute between states about...more

Adams and Reese LLP

SCOTUS Decision Impacts State Rights to Aquifer-Derived Water

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In a unanimous decision this week, the United Stated Supreme Court denied Mississippi’s claim that the State of Tennessee was stealing Mississippi’s groundwater. The decision represents a first step in settling a years-long...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Mississippi v. Tennessee, No. 143, Orig.

On November 22, 2021, the U.S. Supreme Court decided Mississippi v. Tennessee, holding that water in an underground aquifer that flows across State lines is subject to equitable apportionment between the States, in similar...more

Dorsey & Whitney LLP

The Supreme Court - November 22, 2021

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Mississippi v. Tennessee, No. 143, Orig.: Mississippi brought an original action against Tennessee, seeking $615 million in damages for Tennessee’s pumping from the Middle Claiborne Aquifer, which lies beneath both States....more

Pillsbury - Gravel2Gavel Construction & Real...

In Review: SCOTUS Environmental and Administrative Decisions in the 2020 Term

Several decisions of interest were issued in the 2020 term, which stretched from October 2020 until early July 2021. This review will concentrate on environmental and administrative law cases....more

Lowndes

Florida Must Now Take Responsibility for Water Management: The Supreme Court Finds Florida at Fault in the Collapse of Florida’s...

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For decades, Florida blamed declining oyster harvests on the State of Georgia. And, for decades, Florida’s elected officials convinced the public they were not at fault. These theories were rejected, in total, by the United...more

K&L Gates LLP

The Missing Link in the Water Wars: Proving Injury and Causation

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On 1 April, the U.S. Supreme Court (the Court) put to rest the long-simmering dispute between Florida and Georgia over Georgia’s use of water from the Apalachicola-Chattahoochee-Flint River Basin (the Basin) that Florida...more

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