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Publications
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07.28.2023High Court's Tribal Water Rights Ruling Steadies The BoatArticlesJena MacLean, Michael Huston and Janet Howe wrote an article published in Law360 on the U.S. Supreme Court's ruling in Arizona v. Navajo Nation to not expand the list of federal promises beyond those expressly made by the government in treaties with Native American tribes.
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06.22.2023NEPA Reforms May Aid Project Speed, But Red Tape RemainsArticles
Law360
After much debate, a bipartisan Congress suspended the public debt ceiling until 2025 by passing the Fiscal Responsibility Act of 2023, which President Joe Biden signed on June 3. -
05.26.2023Supreme Court Limits Reach of Clean Water ActUpdatesThe U.S. Supreme Court, on May 25, 2023, narrowed the reach of the Clean Water Act, in the latest judicial effort to define the “waters of the United States” that Congress intended to regulate. Sackett v. Environmental Protection Agency (No. 21-454).
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05.17.2023DOE Proposes National Interest Electric Transmission Corridor Designation ProcessUpdatesThe U.S. Department of Energy published a combined Notice of Intent and Request for Information on May 9, 2023, that proposes a new applicant-driven, route-specific process to designate National Interest Electric Transmission Corridors.
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12.12.2022Biden Administration Authorizes Trust Lands for Alaska Tribes, Proposes Changes To Streamline Trust RegulationsUpdatesIn mid-November, the U.S. Department of the Interior announced that it can acquire lands in trust for Alaska’s 231 federally recognized tribes and establish Indian reservations. On the heels of this announcement, the department published proposed changes to its regulations that would make it easier for tribes to place lands in trust.
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05.19.2022Proposed Revisions to Indian Trust Land Regulations Limit Third-Party InterestsUpdatesThe Bureau of Indian Affairs has proposed preliminary revisions to the regulations that govern the acquisition of land into trust for Indian tribes. The proposed revisions would streamline the fee-to-trust process and eliminate many important checks and balances that protect third-party interests.
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05.30.2017Treaty Obligations to Protect Fish Habitat From Degradation UpheldUpdatesIn July 2016, the U.S. Court of Appeals for the Ninth Circuit held that the state of Washington violated tribal treaty obligations by building and maintaining barrier culverts that block 1,000 linear miles of streams suitable for salmon habitat.
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2016Tribal ‘Treatment as State’ Programs Under Federal Environmental Statutes: Key Provisions and Case StudiesInside the Minds: Best Practices for Protecting Natural Resources on Tribal Lands
Aspatore -
07.14.2016Interior’s Trust Authority in Alaska Remains UnresolvedArticles
Law360
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07.07.2016Controversy Over Interior’s Trust Authority in Alaska Remains UnresolvedUpdatesA majority panel of the U.S. Court of Appeals for the District of Columbia Circuit recently dismissed the State of Alaska’s challenge to the U.S. Secretary of the Interior’s authority to acquire land in trust for Alaska tribes on the ground that the state’s challenge is moot.
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07.05.2016Ninth Circuit Rules Tribal Treaty Rights Obligate State to Ensure Harvestable Fish Are AvailableUpdatesLast week, the U.S. Court of Appeals for the Ninth Circuit held that the state of Washington violated tribal treaty obligations by building and maintaining barrier culverts that block 1,000 linear miles of streams suitable for salmon habitat.
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03.23.2016U.S. Fish and Wildlife Service Updates Native American Tribe PolicyUpdatesThe U.S. Fish and Wildlife Service announced an updated Native American policy on January 27, 2016, which provides a framework for government-to-government relationships to further the federal government’s trust responsibility to federally recognized tribes to protect, conserve and use tribal resources.
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2012Programmatic EIS IssuesLawyer Publications
The NEPA Litigation Guide, Second Edition
Presentations
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03.21.2014Renewable Energy Development and Endangered Species: Friends or Foes?Speaking EngagementsJena presented as part of a panel discussing the future of renewable energy development on public lands and potential impacts on endangered species. Her paper is entitled "Utility-Scale Renewable Energy Development on Public Lands: Learning From Past Lessons to Improve the Potential for a Low Carbon Future."
