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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The Department of Justice’s Environment and Natural Resources Division (ENRD) issued a press release on January 13, 2017, along with the publication of its accomplishments in 2016, documenting one of the most successful years in its history.  The ENRD achieved record successes in environmental enforcement, natural resource damages, criminal penalties, and Lacey Act trafficking cases.  The Department worked to restore the Gulf following the Deepwater Horizon release, prosecuted Volkswagen in […]

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Breaking News: Today, the U.S. Supreme Court agreed to review the Sixth Circuit’s ruling that it has jurisdiction to hear the National Association of Manufacturers and several other groups and states’ challenges to the U.S. Environmental Protection Agency and Army Corps of Engineers’ Clean Water Rule, also known as “Waters of the United States” or “WOTUS.” The review of the challenges has been held up in a jurisdictional fight between […]

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The American Farm Bureau Federation and other industry groups have asked the U.S. Supreme Court to review the Sixth Circuit decision to assert exclusive jurisdiction to review the controversial Clean Water Rule concerning the new definition of “waters of the United States.”  On Friday, October 8, 2016, the AFB filed a brief in the following case petitioning for writ of certiorari. In its brief, the AFB argue that the Clean […]

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