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May 31, 2023
Oklahoma v. Brester: The Latest Significant Tribal Sovereignty Reservation Win for the Peoria
Since the U.S. Supreme Court’s decision in McGirt v. Oklahoma in which the court found that Congress had never disestablished the Muscogee Nation’s reservation, several more criminal cases have materialized involving the interpretation of Tribal jurisdiction on reservations outside of the Five Tribes (Cherokee, Chickasaw, Choctaw, Muscogee, and Seminole). One case in particular, Oklahoma v. Brester, involved crimes committed on the Peoria and Ottawa reservations and therefore should be tried in federal court given that the Tribe’s 1867 Treaty boundaries remain intact. Indian Law & Gaming Practice Group Chair Mike McBride represents the Peoria Tribe of Indians of Oklahoma before the Oklahoma Court of Criminal Appeals and the district court. Mike discusses the history of the Peoria Tribe’s terminated, but later restored, federal relationship, and how the decision in Brester affirmed that the reservations had never been disestablished and the Peoria Tribe’s significant powers over the reservation remain intact.
About Mike McBride
April 22, 2023
Earth Day Episode: EPA Issues Latest Proposals to Regulate PFAS under the Safe Drinking Water Act and under Superfund
The United States Environmental Protection Agency (EPA) continues to move forward with the regulation of certain per- and polyfluoroalkyl substances (PFAS), also known as “forever chemicals.” Join Energy, Environmental and Natural Resources Practice Group member and shareholder, Tim Sowecke, for this special Earth Day Episode, in which he discusses the history and chemistry of PFAS and also discusses EPA’s latest proposals to regulate specific PFAS under the Safe Drinking Water Act (SDWA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund. He will discuss the implications of these proposals, what’s next on EPA’s PFAS rulemaking agenda (hint Resource Conservation and Recovery Act rules), and the reality that many PFAS will degrade in different environments into other more stable forms of PFAS, challenging the notion that these “forever chemicals” are forever the same.
About Tim Sowecke
Addition Resources: PFAS Regulation and Litigation
April 12, 2023
New SEC Proposed Rule Addressing Cybersecurity Risks Could Foreshadow the Future of Data Privacy Requirements
The Securities and Exchange Commission recently proposed new requirements for publicly traded companies, including market entities regulated by the SEC, to address their cybersecurity risks. The proposed requirements are meant to not only protect investors, but would also benefit other market participants from knowing that the publicly traded entities have the proper protections in place. Cybersecurity and Data Privacy Practice Group Chair Anthony Hendricks breaks down the main tenants of the new SEC requirements and discusses why we should expect similar rulemakings from government agencies alike in the near future.
About Anthony Hendricks
Additional Resources Nothing About You Says Computer Technology podcast
March 30, 2023
Come Sail Away! The New Definition of WOTUS Expands Regulation Under the Clean Water Act
On January 18, 2023, the EPA and U.S. Army Corps of Engineers published a final rule redefining the term “waters of the United States” (WOTUS) modifying the purview of bodies of water subject to regulation under the Clean Water Act (CWA) and reversing the regulatory changes made during the Trump Administration. Already being challenged in court, the rule became effective March 20, 2023, and a pending ruling from the U.S. Supreme Court in Sackett v. EPA later this year will ultimately inform the outcome of those challenges. Energy, Environment & Natural Resources Practice Group member Scott Butcher joins the Briefly Legal podcast to discuss the vast history of WOTUS by navigating through the murky waters of extensive agency rulemaking and litigation and associated legal challenges in the 50 years since the CWA was passed.
About Scott Butcher
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