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EPA Administrator Moves to End “Sue and Settle”

USA - November 13 2017 On October 16, EPA Administrator Scott Pruitt announced a Directive to address “sue and settle” concerns with new procedures allowing public…

Francesca M. Eick, Ankur K. Tohan

EPA to “Veto” Its Own Veto Authority under the Clean Water Act?

USA - August 14 2018 On June 26, 2018, in one of his final acts as Administrator of the U. S. Environmental Protection Agency (“EPA”), Scott Pruitt issued a memorandum…

Tad J. Macfarlan, Cliff L. Rothenstein, Ankur K. Tohan

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…

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

EPA and Corps Release Updated Definition of Waters of the United States

USA - December 3 2021 On 18 November 2021, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the "Corps") (together, the Agencies) released…

Natalie J. Reid, Cliff L. Rothenstein, Ankur K. Tohan

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