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Ninth Circuit Muddies The Waters Of Tribal Sovereign Immunity And The Clean Water Act In Deschutes River Alliance V. Portland Ge, Danielle Clifford
Ninth Circuit Muddies The Waters Of Tribal Sovereign Immunity And The Clean Water Act In Deschutes River Alliance V. Portland Ge, Danielle Clifford
Washington Journal of Social & Environmental Justice
Throughout 2011 and 2012, members of the Deschutes River community who fish in the Lower Deschutes River in Oregon noticed a slew of significant changes to their natural environment. The Deschutes River Alliance attributed the changes to the operation of the Pelton Round Butte Hydraulic Project, which is co-owned and operated by Portland General Electric and The Confederated Tribes of the Warm Springs. In July 2016, DRA filed a Clean Water Act lawsuit against them. To rule on the alleged CWA violations, the DRA must first get past the tribal sovereign immunity hurdle. It is long-recognized that American Indian Nations …