Nicole M. Bayne

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.

Mar 5, 2024 | lexology.com | Susan Smith |Nicole M. Bayne

B&D is pleased to present the next installment of our 2024 Litigation Look Ahead series. (Read part three covering administrative enforcement issues here.) In this edition, our litigation team examines two Fifth Amendment takings cases currently before the U.S. Supreme Court that could affect the government’s ability to regulate land use legislatively as well as property owners’ right to bring takings claims against states. Refresher - What is the Constitution’s Takings Clause?

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.

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.