A unanimous three-judge Ninth Circuit panel ruled that the Department of Interior (“DOI”) and the Bureau of Reclamation (“Bureau”) had both the right and the obligation to release water to preserve a Native American fishing ground and prevent salmon die-off downstream.  Central to this case is the balancing act between Congressional goals to maintain and protect fisheries (environmental objectives) and the state-wide need for water (commercial objectives).  Two congressional acts, […]

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Although we are years away from circumscribing the legacy of President Trump, if his first 100 days are any indication, his legacy – whatever it may be – will likely be defined in part by the executive order. While Presidents throughout American history have used this tool to advance their agendas, so far President Trump has been one of the most-aggressive advocates of independent executive authority. However, as our California […]

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On February 28, 2017, the United States Environmental Protection Agency Administrator, E. Scott Pruitt signed a Notice of Intention to Rescind the Waters of the United States rule, promulgated by EPA and the Army Corps of Engineers pursuant to the Clean Water Act.  The Senior Official Performing the Duties of the Assistant Secretary of the Army for Civil Works, Douglas W. Lamont, will sign the document today, March 1, 2017.  The […]

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The U.S. Environmental Protection Agency (EPA) completed its fate and transport model and issued a report for the Gold King Mine release. The report focuses on pre-existing river conditions, the movement of metals through the river system, and the effects of the metals on water quality. The mine had a catastrophic release of acid mine draining, including high levels of iron and aluminum, into the Animas River system.  The release […]

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