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Full-Text Articles in Law
Environmental Integrity Project V. Mccarthy, Lindsay Ward
Environmental Integrity Project V. Mccarthy, Lindsay Ward
Public Land & Resources Law Review
In addition to stocking grocery stores and restaurants with beef, chicken and milk, CAFOs generate another product—manure. The EPA’s decision to withdraw a proposed rule compelling CAFOs to provide information to aid the agency in regulating their discharge of pollutants into the waters of the United States was upheld by the United States District Court for the District of Columbia. The court concluded that the EPA’s decision was “adequately explained” and “coherent,” supported by the administrative record, and did not conflict with existing law.
Big Lagoon Rancheria V. State Of California, Wesley J. Furlong
Big Lagoon Rancheria V. State Of California, Wesley J. Furlong
Public Land & Resources Law Review
The Ninth Circuit’s en banc opinion in Big Lagoon Rancheria v. California is, thus far, perhaps the most important Indian law decision in 2015. Rejecting its three-judge panel’s opinion, the Ninth Circuit, en banc, affirmed the importance of defending tribal sovereignty against invidious state actions. The court denounced California’s use of Carcieri to de-recognize the Big Lagoon Rancheria and rescind the trust status of its land, characterizing it as “a belated collateral attack” on the Tribe and an “end-run” around the APA.