The Navajo Nation (“the Nation”) is a federally recognized Indian tribe that signed the 1849 Treaty and the 1868 Treaty with the United States. Navajo Nation v. USDOI at 8. The Nation’s Reservation sprawls across Arizona, New Mexico, and Utah, and lies...
ENVIRONMENT
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Beginning in the late nineteenth century, the Anaconda Copper Mining Company smelted copper near the town of Anaconda, Montana. Atlantic Richfield Co. v. Montana Second Judicial District Court at 517. Over time, smelting operations created large levels...
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In 1972, Congress passed 33 U.S.C. § 1251, or the Clean Water Act (“CWA” or “Act”), to preserve the “Nation’s waters” by prohibiting the “discharge of any pollutant” unless certain requirements in the Act are met. Hawai'i Wildlife Fund v. Maui (...
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Environmental law refers to a variety of protections which share the goal of protecting the environment.
Federal LawThe National Environmental Policy Act (NEPA) was passed in 1970 along with the Environmental Quality...
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The state of Florida has sued the state of Georgia over the use of water from the Apalachicola-Chattahoochee-Flint River Basin (the “ACF Basin”) in the United States Supreme Court, which has original jurisdiction over the matter—i.e., this case begins...
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In June 2015, the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency (“EPA”) jointly adopted the “Waters of the United States” Rule (“WOTUS Rule”) as published in the “Clean Water Rule.” See In re U.S. Dep’t of Def. et al., 817 F...
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Southern Union Company (“Southern Union”), a distributor of natural gas, acquired an old gas manufacturing plant in Rhode Island (“the Tidewater property”) as part of its new operations in Massachusetts and Rhode Island in 2000. See United States v....
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On September 18, 2015, Atlantic Coast Pipeline, LLC (“Atlantic”) applied to the Federal Energy Regulatory Commission (“FERC”) to own, operate, and construct the Atlantic Coast Pipeline (“ACP” or “the pipeline”). Cowpasture River Preservation Ass’n et...
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In the mid-eighteenth century, Native American Tribes of the Pacific Northwest entered into a series of treaties whereby they relinquished territory but were guaranteed a right to off-reservation fishing. United States v. Washington, No. 13-35474, at...