News & Updates
Conference of Western Attorneys General
October 18, 2023
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Fish and Wildlife Service Delists 21 Species from the Endangered Species Act
The U.S. Fish and Wildlife Service is delisting 21 species from the Endangered Species Act due to extinction. Based on rigorous reviews of the best available science for each of these species, the Service determined these species are extinct and should be removed from the list of species protected under the ESA. Most of these species were listed under the ESA in the 1970s and 80s and were in very low numbers or likely already extinct at the time of listing. In September 2021, the Service proposed delisting 23 species from the ESA due to extinction. The final rule to delist 21 species from the ESA due to extinction will be published in the Federal Register on Oct. 17 and is effective 30 days after publication.
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FWS Helps Create Bank of Endangered Species DNA
Deep-frozen wildlife cell samples could enable the future cloning of at-risk species under a technically adventurous initiative by the Fish and Wildlife Service (FWS) and its private partners. Dubbed "biobanking," the collaborative effort has identified 24 endangered animals whose tissue collections may be shelved in one of two DNA lending libraries and kept at minus 196 degrees Celsius until they are checked out in the future.
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California Governor Signs Bills Compelling Public Universities to return Native American Remains and Cultural Items
California Governor signed two bills that compel California public universities to comply with the Native American Graves Protection and Repatriation Act of 2001 which requires state agencies that receive state funding to provide a process for the identification and repatriation of Native American remains and cultural items to the appropriate tribes.
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The Forest Service Wants to Finalize a Consultation Agreement with the San Carlos Apache Tribe
A current push to advance and define consultation with the San Carlos Apache Tribe around a copper mine in Arizona that the tribe says would destroy sacred Apache land. Those talks could play a significant role in the timing and outcome of a federal land swap and, ultimately, Resolution Copper’s plan to tap into one of the world’s largest copper deposits in the Tonto National Forest, about 60 miles east of Phoenix. The current presidential administration, which has vowed to elevate and strengthen tribal consultation, appears to be moving forward carefully. The Forest Service, in a September 1st letter, stated that the agency hopes to finalize a memorandum of understanding (MOU) in the coming months.
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Native Lands Lack Clean Water Protections, but More Tribes are Taking Charge
Only a quarter of tribes with reservation lands have federal authorization to regulate water quality. Across the White Earth Indian Reservation in northwest Minnesota, tribal members harvest wild rice in waters that have sustained them for generations. But the White Earth Band can no longer depend on the clean, abundant waters that make those activities possible. Droughts brought on by climate change and irrigation for agriculture have threatened the reservation’s rivers and lakes. Last year, the tribal government passed an ordinance to restrict withdrawals of water from the reservation and adjacent lands that share an aquifer. Under the statute, farms and other businesses seeking to withdraw more than 1 million gallons per year must obtain a permit from the tribe. White Earth leaders are joining a growing effort by tribal nations to protect waters in Indian Country — asserting their sovereignty to target pollution that’s threatening wild rice in Minnesota, shellfish in Washington, and salmon in California.
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Citizen Suit Enforcement/Clean Water Act: Alabama/Black Warrior Riverkeeper Judicial Action Addressing Alleged City of Tuscaloosa Violations
The State of Alabama and two environmental organizations filed a Complaint in the Circuit Court of Tuscaloosa County, Alabama, against the City of Tuscaloosa alleging violations of the Clean Water Act. See Civil Action No. CV-2023-900857.00. Black Warrior Riverkeeper and Friends of Hurricane Creek intervened in the lawsuit. The Complaint filed on September 22nd by the State of Alabama alleges that the City of Tuscaloosa, Alabama, operates a wastewater treatment facility that discharges into the Black Warrior River and Cribbs Mill Creek. The discharge is pursuant to a Clean Water Act National Pollutant Discharge Elimination System (“NPDES”) permit.
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New Mexico Governor Orders All-Electric State Agency Fleet by 2035
The New Mexico Governor intends to pursue tax credits for electric vehicles during the upcoming legislative session. The Governor signed an executive order directing state agencies to switch to an all-electric vehicle fleet within the next 12 years. The governor made the announcement during her Symposium on the Future of Transportation in New Mexico. The proposed tax credits would apply to new and used electric vehicles to help meet climate goals. The order directs departments to purchase zero-emission vehicles for all new acquisitions where one or more options are available. Exceptions to the order include law enforcement vehicles, firefighting trucks and some other heavy-duty vehicles.
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The Blackfeet Tribe was not entitled to judgment on the pleadings with regard to writ of habeas corpus filed by prisoner sentenced by Tribal Court to serve two additional consecutive sentences following release from federal incarceration for offenses
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arising from the same conduct, given that the writ stated a plausible claim that the sentences were improper under 25 U.S.C. § 1302(c)(3), which requires effective assistance of counsel for sentences exceeding one year and a tribal judge that is licensed to practice law and has sufficient legal training to preside over criminal proceedings. |
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The 2013 amendment to the Major Crimes Act in the Violence Against Women Reauthorization Act did not alter federal jurisdiction to prosecute felony child abuse as defined and punished under the laws of the state where the offense was committed.
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All summaries are posted in CWAG's Google Docs account, accessible through the link below. Should you have any issues with the links, contact Patricia Salazar at [email protected] with questions.
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Conference of Western Attorneys General
5050 Laguna Blvd | Suite 112-323 | Elk Grove, California 95758
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