Note: this is part 2 of 3 in my series of how the new administration may impact environmental law and policy in the Pacific Northwest. For background, please see Part 1.

Tribal Relations
One of the key factors influencing environmental law and policy in the Pacific Northwest is the presence of and obligations owed to a number of tribes that are parties to treaties with the United States that extend back to the 1850s. The Federal Government has, historically, taken an active role in defining and enforcing those treaty rights on behalf of the tribes, and takes quite seriously its government-to-government obligations with respect to those tribes as sovereign entities (a good summary list, prepared in 2009 by the White House-Indian Affairs Executive Working Group is available here).
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Late last week, the Oregon Department of State Lands denied the State of Wyoming’s request to challenge the Department’s denial of Ambre Energy’s application for a removal-fill permit. (We were following this case at the end of August.) The Department said that Wyoming lacked standing because it had not shown how it would

Ruling from the bench on Friday, Judge H. Russel Holland dismissed Pebble Limited Partnership’s claims that the EPA overstepped its authority in initiating proceedings under Section 404(c) of the Clean Water Act. (The written opinion is here.) EPA advised Pebble Partnership by letter in February 2014 that it was beginning the process under 404(c)

Here is a quick roundup of what has caught my eye this week.

First, the last 30 feet of the Glines Canyon Dam on the Elwha River was removed in a spectacular blast at 4:12 pm on Tuesday. John Gussman, “Return of the River” filmmaker, documented the blast:


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