Proof in Trial: Appellate Edition: Stand Up for California et al. v. U.S. Department of the Interior et al.
McGirt Uncertainty Extends to Federal Environmental Regulations in Indian Country
Revisiting McGirt: New Legal Developments Challenge Oklahoma’s Landmark Ruling
The Immediate and Lasting Impacts of McGirt: A Novel Ruling for Oklahoma
In a published opinion filed March 14, 2025, the First District Court of Appeal (Div. 2) reversed the trial court’s judgment upholding a Mitigated Negative Declaration (MND) for a four-story, 75-room hotel/meeting...more
Assembly Bill 52 (AB 52) requires public agencies to consult with tribes during the California Environmental Quality Act (CEQA) process. On March 14, 2025, in Koi Nation of Northern California v. City of Clearlake, the First...more
At its October 10 meeting, the California Fish and Game Commission (the Commission) unanimously found that a petition to list the western burrowing owl as an endangered or threatened species in California provides sufficient...more
The U.S. Environmental Protection Agency (EPA) on Sept. 6, 2024, announced the availability of $6.5 billion in Water Infrastructure Finance and Innovation Act (WIFIA) funding and $1 billion in State Infrastructure Financing...more
Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, the big news comes from Ohio, where retail sales began on Tuesday. The Eastern Bank of Cherokee are...more
Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we check in on Virginia, to see if there’s any progress on the retail market bill. We re-visit the Eastern...more
The Biden administration is restoring significant state and tribal authority over water resources and expanding their leverage on infrastructure permitting decisions, including for pipelines. With a final rule announced this...more
On August 3, 2023, Senator Lisa Murkowski and Senator Dan Sullivan introduced S.2615, which would amend the Alaska Native Claims Settlement Act to provide that Alaska Native Village Corporations will no longer be required to...more
The U.S. Environmental Protection Agency (EPA) announced last week that it would investigate the California State Water Resources Control Board (Board) after some Native American tribes and environmental groups complained the...more
On June 30, 2023, the U.S. Court of Appeals for the District of Columbia Circuit reversed the district court’s ruling in West Flagler Associates, Ltd. v. Haaland. This will allow, at least for the present, the Seminole Tribe...more
Last May, in Commissioner of the State of New York Department of Transportation, et al. v Polite, Index No. 610010/2019, the Suffolk County Supreme Court denied the State’s application for a preliminary injunction to enjoin...more
It is rare for the holding in a single criminal case to have such far-reaching implications that it affects nearly every industry in a particular state. But that is what happened on July 9, 2020, when the United States...more
With the coal era winding down and renewable energy sources rapidly growing, Arizona offers an attractive market for renewable energy facilities, with plenty of sunshine and even a bit of wind up north. And, despite what you...more
Over the past decade, proponents of an effort to remove four dams on the lower Klamath River have hit a series of roadblocks. The most recent came on July 16, 2020, when the Federal Energy Regulatory Commission (FERC) voted...more
The U.S. Supreme Court in a 5-4 decision on July 9, 2020 held that the State of Oklahoma lacked jurisdiction to prosecute an enrolled member of the Seminole Tribe of Oklahoma because the crimes he was accused of committing...more
The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a March 31st management alert titled: Prompt Action Needed to Inform Residents Living Near Ethylene Oxide-Emitting...more
Paul Weiland recently participated in the 2020 California Water Law Symposium, held at San Francisco's Golden Gate University School of Law. The theme of this year's Symposium was "Federalism & Water: Shifts in State/Federal...more
Part 1: New CPRA Laws for 2020 - While an expansive array of records can be sought via a California Public Records Act request, the right to inspect public records is not without limits. The CPRA does not give unlimited...more
EPA also approves revisions to Maine’s water quality standards - On November 6, 2019 the U.S. Environmental Protection Agency (EPA) issued public notice of a proposed action to withdraw its February 2, 2015 decision that...more
The General Assembly continued work on substantive legislation this week, with several high profile bills involving health care moving forward. In another health care story, Atrium Health, Wake Forest Baptist Hospital, and...more
The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a September 5th report titled: EPA Can Strengthen Its Process for Revising Air Quality Dispersion Models that Predict...more
The Klamath River Renewal Corporation (the “corporation”) recently submitted a plan for the removal of four dams on the lower Klamath River to the Federal Energy Regulation Commission (FERC). ...more
In late May 2018, the Klamath Tribes filed a lawsuit in the United States District Court for the Northern District of California seeking to shut down the Bureau of Reclamation’s Klamath Irrigation Project, which supplies...more
A Federal Magistrate Judge for the United States District Court of Oregon recently issued findings and recommendations in Chief Wilder Slockish, et al. v. U.S. Federal Highway Administration, et al., concluding that federal...more
To promote the integration of drone technology, the White House’s three-year Unmanned Aircraft Systems Integration Pilot Program partners the federal government with state, local, and tribal governments in the development,...more