A district court granted a developer's motion to dismiss a challenge to the Army Corps of Engineers' decision to issue a CWA §404 permit for a proposed copper mine project in the Santa Rita Mountains. Environmental groups and Native American tribes argued that the Corps violated the CWA and NEPA wh...
This Article explores the relationship between state environmental citizen suit provisions and judicial standing requirements, and analyzes whether the introduction of citizen suits into state statutory law inspired increasingly strict state standing requirements, as occurred at the federal level. Specifically, it identifies how state judiciaries have interpreted standing and aggrievement in response to general, non-media-specific citizen suit provisions, both in the common law and in administrative law.
The Tenth Circuit affirmed dismissal of a lawsuit concerning a long-running water dispute between an Indian tribe and a private landowner in Utah. The tribe sued the landowner in tribal court, arguing the landowner had been diverting the tribe's water for years. The tribal court held it had subject ...
President Joe Biden’s Executive Order No. 14008 of January 2021 called for the Administration to conserve at least 30% of the nation’s lands and waters by 2030. To accomplish this ambitious “30 by 30” effort, the Order directed federal agencies to work with tribal governments, among others, to propose lands and waters as qualifying for conservation. This Comment examines "areas of critical environmental concern" and their potential role in the 30 by 30 program, particularly their potential to enlist tribal governments in helping to manage lands of tribal cultural significance.
The Ninth Circuit affirmed summary judgment for FWS in a challenge to its 2016 Kenai Rule, which banned baiting of brown bears in the Kenai National Wildlife Refuge and hunting of coyotes, lynx, and wolves in a specific wildlife recreation area. The state of Alaska and a hunting group argued the rul...