Quantitative Settlement Agreement Coordinated Civil Cases
A California court validated a settlement agreement and 11 related agreements concerning the conservation, transfer, and exchange of Colorado River water diverted for beneficial consumptive use among Southern California water agencies. The agreements were negotiated and executed to resolve longstand...
Miccosukee Tribe of Indians of Florida v. United States
The Eleventh Circuit upheld the dismissal of a Native American tribe's lawsuit challenging the government's management of the Central and Southern Florida Project for Flood Control in the Everglades. The tribe complained that the project diverts excessive flood waters over tribal lands, in part to p...
National Wildlife Federation v. United States Environmental Protection Agency
A district court dismissed an environmental group's APA lawsuit against EPA challenging 40 C.F.R. §124.55(b), which pertains to state certification of discharge permits issued by the Agency under the CWA. Specifically, the group challenged the portion of §124.55(b) that prohibits EPA from modifyin...
Gila River Indian Community v. McComish
The Ninth Circuit affirmed in part and reversed and remanded in part a lower court decision granting summary judgment in favor of the government in a city's lawsuit seeking to set aside DOI's decision to accept in trust, for the benefit of the Tohono O’odham Nation, a 54-acre parcel of land on whi...
Arlington, Texas v. Federal Communications Comm'n
The U.S. Supreme Court upheld a FCC declaratory ruling that state and local zoning authorities have 150 days to process siting applications for new wireless towers and antennas. Section 332(c)(7)B) of the Communications Act of 1934, as amended, requires state or local governments to act on siting ap...