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Clean Water Act Permits for Discharges to Groundwater: EPA Issues Guidance on County of Maui v. Hawaii Wildlife Fund

USA - February 1 2021 On 14 January, 2021, the U.S. Environmental Protection Agency (EPA) issued a guidance memorandum on the application of the U.S. Supreme Court's 23…

Ankur K. Tohan, Craig S. Trueblood, Gabrielle E. Thompson.

In Search of Cooler Waters: Implementing EPA's Temperature Limits on the Columbia and Lower Snake Rivers

USA - January 22 2021 The Washington State Department of Ecology (Ecology) is hosting an informal meeting on January 28, 2021 to discuss implementing the U.S…

Alyssa A. Moir, Ankur K. Tohan, Cliff L. Rothenstein, Molly K. Barker, Natalie J. Reid.

Building Relationships with Tribes and Operating on Reservation Lands: Lessons From FMC v. Shoshone

USA - January 19 2021 On 11 January 2021, the United States Supreme Court declined a petition to review the Ninth Circuit’s decision in FMC Corporation v. Shoshone-Bannock…

Bart J. Freedman, Benjamin A. Mayer, Gabrielle E. Thompson.

A New Normal? Trump Administration Retooling of Core NEPA Element

USA - July 23 2020 On 15 July 2020, the Trump administration—through the Council on Environmental Quality (CEQ)—released its long-anticipated overhaul to…

Ankur K. Tohan, Cliff L. Rothenstein, David L. Wochner, Matthew P. Clark, Molly K. Barker.

Indian Land Then, Remains Indian Land Now: The Supreme Court Confirms That a Significant Portion of Eastern Oklahoma Is a Native American Reservation

USA - July 17 2020 On July 9, 2020, the United States Supreme Court held in McGirt v. Oklahoma that, for purposes of the Major Crimes Act (MCA), land in eastern…

Adam N. Tabor, Bart J. Freedman, Benjamin A. Mayer, Matthew P. Clark.