Ninth Circuit Finds No Sovereign Immunity Waiver For Tribes Under CWA
By EsqSocial Corporation 24/06/21
On June 23, 2021, the Ninth Circuit in Deschutes River All. v. Portland Gen. Elec. became the first court in the country to hold that Congress did not clearly and unambiguously waive tribal sovereign immunity under the Clean Water Act. In a groundbreaking decision dismissing a citizen suit against Portland General Electric and the Confederated Tribes of the Warm Spring Reservation of Oregon brought by the Deschutes River Alliance seeking to enforce compliance with a section 401 water quality...
By: Stoel Rives LLP