Barbara Marvin

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Articles

EPA Expands Role of Tribal Rights in Setting Water Quality Standards | JD Supra

Jun 3, 2024 | jdsupra.com | Barbara Marvin |Patrick Redmond |Erika Spanton

[co-author: Samantha Bingaman, 2024 Summer Associate] What Happened? The U.S. Environmental Protection Agency (EPA) issued its final Water Quality Standards Revision Rule, which expressly mandated that states, Tribes, and EPA consider Tribal treaty rights to aquatic and aquatic-dependent resources when setting water quality standards nationwide and detailing the requirements and mechanisms for doing so.
Ecology to begin Nooksack Water Adjudication in April 2024 (Updated) | JD Supra

May 7, 2024 | jdsupra.com | Barbara Marvin |Rachel Roberts |David Weber

Update: The Washington Department of Ecology (Ecology) officially kicked off the Nooksack adjudication, a legal process that will determine the priority of water rights in Whatcom County and portions of Skagit County. Specifically, on May 1, 2024, Ecology filed a Statement of Facts and map of Water Resource Inventory Area 1 (WRIA 1) in Whatcom County Superior Court. In its Statement of Facts, Ecology divided WRIA 1 into 10 sub-basins for adjudication.
Ecology to begin Nooksack Water Adjudication in April 2024 | JD Supra

Apr 3, 2024 | jdsupra.com | Barbara Marvin |Rachel Roberts |David Weber

The Washington Department of Ecology (Ecology) announced it will begin an adjudication of water rights in Water Resources Inventory Area 1 (WRIA1), including the Nooksack River system, in April 2024. An adjudication is the process of determining the location, quantity, and priority of all water rights held in a certain area.
Army Corps of Engineers Proposes to Rescind Its Specific Approach to Historic Properties | JD Supra

Mar 29, 2024 | jdsupra.com | James M. Auslander |Barbara Marvin

The U.S. Army Corps of Engineers (the Corps) recently proposed eliminating its longstanding process and requirements for compliance with Section 106 of the National Historic Preservation Act (NHPA). The proposed rule would delete Appendix C to the Corps’ Clean Water Act permitting regulations and substitute the Advisory Council on Historic Preservation’s NHPA regulations at 36 C.F.R. Part 800, which applies across all federal agencies.
UK Immigration Rules Updates on Higher Salary Thresholds

Mar 28, 2024 | natlawreview.com | Jason Feingertz |Zachary Roop |James M. Auslander |Barbara Marvin

Skip to main content March 28, 2024 Volume XIV, Number 88 Legal Analysis. Expertly Written. Quickly Found. Trending News United Kingdom | Statement of Changes Announced Print Mail Download i The Home Office published a statement of changes providing further details and additional updates to immigration rules intended to reduce net migration.
2024 Litigation Look Ahead Series: SCOTUS’ Pass on Cases Sets Up Continued Fight Over Tribal Water Rights, State Mineral Development Cases in Coming Year

Mar 27, 2024 | lexology.com | Susan Smith |Barbara Marvin |Nicole M. Bayne

B&D is pleased to present the final installment of our 2024 Litigation Look Ahead series. (Read part five covering the Comprehensive Environmental Response, Compensation, and Liability Act here.) In this edition, our litigation team examines two cases involving tribal water rights and state permitting authority over mining and mineral development that the U.S. Supreme Court declined to review.
U.S. Supreme Court Declines to Expand the Reserved Water Right | JD Supra

Jun 28, 2023 | jdsupra.com | Nicole M. Bayne |Barbara Marvin |Katherine O'Keefe

On June 22, the U.S. Supreme Court issued a decision in Arizona v. Navajo Nation, No. 21-1484, holding that the Federal government is not responsible for taking affirmative steps to help the Navajo Nation secure access to water reserved for the Tribe from sources within, bordering, or underlying the Reservation. The ruling focused on whether the 1868 treaty establishing the Navajo Reservation imposed a duty on the Federal government to take such affirmative steps.
U.S. Supreme Court Declines to Expand the Reserved Water Right

Jun 27, 2023 | lexology.com | Erika Spanton |Barbara Marvin |Nicole M. Bayne |Katherine O'Keefe

On June 22, the U.S. Supreme Court issued a decision in Arizona v. Navajo Nation, No. 21-1484, holding that the Federal government is not responsible for taking affirmative steps to help the Navajo Nation secure access to water reserved for the Tribe from sources within, bordering, or underlying the Reservation. The ruling focused on whether the 1868 treaty establishing the Navajo Reservation imposed a duty on the Federal government to take such affirmative steps.