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In an effort to promote tribal self-governance, Congress allows tribes to contract with the agency to oversee these programs themselves. Congress also provided tribes that contract with the Indian Health Service with a third possible source of funding.
Wyoming Federal Court Vacated 2016 Waste Prevention Rule. The federal district court for the District of Wyoming vacated the bulk of the Waste Prevention Rule promulgated during the Obama administration, holding that the U.S. After that court vacated the repeal in July 2020, the Wyoming federal court lifted the stay.
The court also granted motions to strike the state law claims pursuant to California’s anti-SLAPP (Strategic Lawsuits Against Public Participation) statute. The court concluded that the forest products company had not pleaded actual malice with the level of specificity required to sustain the state law claims. Resolute Forest Products, Inc.
The First Circuit—like the Fourth, Ninth, and Tenth Circuits in other climate change cases—concluded that the scope of its appellate review was limited to whether the defendants properly removed the case under the federal-officer removal statute. On October 8, the District of Wyoming vacated the 2016 rule, with judgment entered on October 23.
California Federal Court Barred BLM from Enforcing Delay of Oil and Natural Gas Waste Prevention Rule; States, Trade Groups Asked Wyoming Court to Expedite Review of Rule and Suspend Deadlines. The court also denied motions to transfer the action to the District of Wyoming, where a challenge to the Waste Prevention Rule is pending.
The magistrate judge concluded that the suit was barred by the statute of limitations. The court further found that the plaintiffs conceded that venue in Boulder County was not proper for San Miguel under this statute. WildEarth Guardians v. Mountain Coal Co. , 1:20-cv-01342 (D. Coverage of the oral argument is available here.
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