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Articles 1 - 2 of 2
Full-Text Articles in Land Use Law
Agua Caliente Band Of Cahuilla Indians V. Coachella Valley Water Dist., Rebecca Newsom
Agua Caliente Band Of Cahuilla Indians V. Coachella Valley Water Dist., Rebecca Newsom
Public Land & Resources Law Review
In Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water Dist., the Ninth Circuit upheld the Tribe’s federal reserved right to the groundwater underlying its reservation. This decision enforces that the courts will not defer to state water law when there is an established federal reserved water right. Further, the Ninth Circuit expressly extended this right to groundwater.
Murray Energy Corporation V. Mccarthy, Sarah M. Danno
Murray Energy Corporation V. Mccarthy, Sarah M. Danno
Public Land & Resources Law Review
Holding that the widespread effects of environmental regulation on the coal industry constituted sufficient importance, the Northern District of West Virginia ordered the Environmental Protection Agency to conduct analysis on employment loss and plant reduction resulting from regulatory effects. In admonishing the EPA’s inaction, the court ruled that the Agency had a non-discretionary duty to evaluate employment and plant reduction. Furthermore, the court held that the EPA’s attempt to put forth general reports in place of required evaluations was an invalid attempt to circumvent its statutory duty.