In Arizona v. Navajo Nation, the court held that an 1868 treaty reserved water rights but did not require the federal government to secure that water for the reservation. Under the Winters doctrine, the federal government’s reservation of land for an Indian tribe also implicitly reserves the right to use […]
Environmental Pulse
U.S. Supreme Court Upholds California’s Ability to Regulate Pork Shipped From Other States
In Nat’l Pork Producers Council v. Ross, the court rejected an industry challenge alleging that California’s animal-welfare law impermissibly regulated extraterritorial business operations. In 2018, the California Legislature passed Proposition 12. The proposition imposes standards on a number of products, including pork, as a condition of access to the California […]
Biden Vetoes Solar-Import Tariffs Bill
Congress failed to override President Biden’s veto of legislation that would have resumed tariffs on solar panels imported from Southeast Asia. In only the third veto of his presidency, President Joe Biden recently blocked legislation that would have resumed import tariffs for solar panels produced in Malaysia, Cambodia, Vietnam, and […]
U.S. SUPREME COURT LIMITS FEDERAL AUTHORITY OVER WETLANDS
In Sackett v. Environmental Protection Agency, the Court held that wetlands may only qualify as “waters of the United States” if they have a continuous surface connection to a traditionally navigable water body. The Clean Water Act, 33 U.S.C. § 1251 et seq., is the primary federal statute regulating water […]
Baird Holm Lobby Efforts Lead to Legislative Victory for Nebraska Alcohol Producers
LB 376 enacts key benefits for craft breweries and microdistilleries. Vanessa Silke and Hannes Zetzsche helped usher the bill into law. Under the first bill adopted in 2023 by the Nebraska Legislature, and the first bill signed into law by Governor Jim Pillen, a group of measures largely benefitting the […]