Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Administrative Law (1)
- Army Corps of Engineers (1)
- CWA (1)
- Clean Water Act (1)
- Corps (1)
-
- Dredged and Fill Material (1)
- Environmental (1)
- Hawkes Co. v. United States Army Corps of Engineers (1)
- Immunity (1)
- Indemnity (1)
- Indemnity statute (1)
- Individual capacity (1)
- Instrumentality (1)
- Jurisdictional Determination (1)
- Lewis v. Clarke (1)
- Mining (1)
- Minnesota (1)
- Mohegan (1)
- Navigability (1)
- Navigable waters (1)
- Negligence (1)
- Peat (1)
- Permit (1)
- Permitting (1)
- Property (1)
- Significant Nexus (1)
- Sovereign immunity (1)
- Sovereignty (1)
- Supreme Court (1)
- Tribal (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
Lewis V. Clarke, Summer L. Carmack
Lewis V. Clarke, Summer L. Carmack
Public Land & Resources Law Review
One manner in which Indian tribes exercise their inherent sovereignty is by asserting sovereign immunity. In Lewis v. Clarke, the Court decided that the sovereign immunity extended to instrumentalities of tribes did not further extend to tribal employees acting within the scope of their employment. The Court acknowledged the concerns of the lower court, namely, the possibility of setting a precedent allowing future plaintiffs to sidestep a tribe’s sovereign immunity by suing a tribal employee in his individual capacity. However, the Supreme Court ultimately felt that the immunity of tribal employees should not exceed the immunity extended to state …
Hawkes Co. V. United States Army Corps Of Engineers, Sarah M. Danno
Hawkes Co. V. United States Army Corps Of Engineers, Sarah M. Danno
Public Land & Resources Law Review
A peat mining company will not be required to obtain a permit under the Clean Water Act to discharge dredged and fill material into wetlands. The United States District Court for the District of Minnesota held that the United States Army Corps of Engineers fell short in its attempts to establish jurisdiction over the wetlands by twice failing to show a significant nexus existed between the wetlands and navigable waters. Further, the district court enjoined the Corps from asserting jurisdiction a third time because it would force the mining company through a “never ending loop” of administrative law.