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A Treaty Right to Healthy Forests? Using Tribal Fishing Rights to Challenge Timber Sales

Tribes in the Pacific Northwest have faced persistent obstacles to their exercise of treaty fishing rights, most prominently illegal regulation of off-reservation fishing by state governments. As salmon decline, a new frontier is emerging for treaty right violations: environmental degradation. A recent court victory ruled that a series of culverts owned and operated by the state of Washington violated tribal treaty rights to fish for salmonids at their “usual and accustomed” places.

Examining State Climate Superfund Legislation

There has been an influx of “climate superfund” bills introduced and adopted in state legislatures across the country. Modeled after the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), these laws are designed to recover costs from large emitters of greenhouse gases (GHGs) to pay for climate adaptation infrastructure.

Apache Stronghold v. United States

A district court temporarily enjoined a land exchange between the U.S. government and a copper mining company concerning 2,422 acres of land in Tonto National Forest. A community group argued the land transfer, which includes a sacred Apache burial ground, would violate its and its members' First an...

North Cascades Conservation Council v. United States Forest Service

The Ninth Circuit affirmed in part and reversed in part summary judgment for the Forest Service in a challenge to approval of a forest thinning project in Okanogan-Wenatchee National Forest. A conservation group argued the Service was required under NEPA to repeat the public comment process after a ...

Cascadia Wildlands v. Adcock

A district court granted environmental groups' motion for summary judgment in a challenge to BLM's approval of a commercial logging project on federal land in Oregon. The groups argued BLM violated NEPA by failing to take a "hard look" at the environmental impacts and failing to prepare an EIS. The ...

Sierra Club v. United States Department of Energy

The D.C. Circuit denied environmental groups' petitions to review DOE's authorization of a project to export from Alaska to non-free trade countries up to 20 million metric tons of liquefied natural gas (LNG) per annum for 30 years. The groups argued DOE misconceived the "public interest" and failed...

Makah Indian Tribe v. Exxon Mobil Corp.

A district court granted two Indian tribes' motion to remand to state court a challenge brought against fossil fuel companies for climate change-related harms. The tribes sued in state court, asserting claims for public nuisance and failure to warn. The companies removed the suit to federal court, a...

Cascadia Wildlands v. Adcock

A district court granted in part and denied in part summary judgment for an environmental group in a challenge to a BLM tree thinning and harvesting project in Oregon. The group argued BLM should have prepared an EIS and failed to take a "hard look" at effects on recovery and survival of the no...

Healthy Gulf v. Burgum

A district court granted in part and denied in part summary judgment for environmental groups in a challenge to the Bureau of Ocean Energy Management's (BOEM's) approval of a 2023 offshore oil and gas lease sale in the Gulf of Mexico. The groups argued BOEM's assessment of greenhouse gas emissions, ...