Hoopa Valley Tribe v. Federal Energy Regulatory Commission
The D.C. Circuit vacated a FERC decision concerning a licensee's decommissioning plan with reviewing states for hydroelectric dams along the Klamath River. A Native American tribe challenged FERC's determination that California and Oregon had not waived their water quality certification authority un...
Chernaik v. Brown
An Oregon appellate court upheld a lower court's finding that the public trust doctrine does not require the state to defend the environment from climate change. Plaintiff children had sought declaratory relief for the state's failure to take sufficient steps to protect its public trust resources fr...
Menominee Indian Tribe of Wisconsin v. U.S. Environmental Protection Agency
A district court dismissed a Native American tribe's lawsuit challenging a proposed sulfide mine along the banks of the Menominee River, which forms the border between Wisconsin and Michigan's Upper Peninsula. The tribe argued, pursuant to the Act's citizen suit provision, that EPA and the U.S. Army...