The following list details Indian-water-rights-related litigation pending in federal, Tribal, and state courts.
The information is compiled by the Tribal Water Institute, a project of the Native American Rights Fund (NARF). These updates are part of a free water law publication called The Headwaters Report. The information provided here is also thanks to the National Indian Law Library, which offers monthly bulletins on a wider variety of Native American law topics.
Updated: June 13, 2025
FEDERAL
| Case Number | Court | Title |
|---|---|---|
| 2025 WL 938104 No. 23-40555 | 5th Circuit | Indigenous Peoples of Coastal Bend v. United States Army Corps of Engineers |
| 2025 WL 896335 4:19-CV-4006-LLP | United States District Court, D. South Dakota, Southern Division | R.D. Offutt Farms Co. v. White Earth Division of Natural Resources, et al. |
| 2025 WL 993525 24-cv-128-jdp | United States District Court, W.D. Wisconsin | Courte Oreilles Lakes Association Inc., et al. v. Zawistowski |
TRIBAL
None as of June 13th, 2025.
STATE
| Case Number | Court | Title |
|---|---|---|
| 2025 WL 554844 No. 369156, No. 369157, No. 369159, No. 369161, No. 369162, No. 369163, No. 369165, No. 369231 | Court of Appeals of Michigan | In re Enbridge Energy to Replace and Relocate Line 5 |
The following list details pending Indian-water-rights-related administrative actions.
The information is compiled by the Tribal Water Institute, a project of the Native American Rights Fund (NARF). These updates are part of a free water law publication called The Headwaters Report. The information provided here is also thanks to the National Indian Law Library, which offers monthly bulletins on a wider variety of Native American law topics.
Updated: June 18, 2025
Additional Resource: Regulatory Tracker – Environmental and Energy Law Program (https://eelp.law.harvard.edu/tracker-type/regulatory-tracker/)
FEDERAL AGENCY RULEMAKING
| Date | Relevant Authority | Agency | Title |
|---|---|---|---|
| 5/29/2025 | Seven County Infrastructure Coalition, et al. v. Eagle County, Colorado, et al, Case No. 23-975 (Supreme Court) | Federal Agencies in General | JUDICIAL INTERPRETATION Review of NEPA documents does not require agencies to consider the environmental effects of upstream or downstream projects that are separate in time or place from the proposed action subject to NEPA review. |
| 5/22/2025 | Kāpa‘a, Conservation Council for Hawaii, and Center for Biological Diversity v. Trump et al., Case No. 1:25-cv-00209 (D. Haw | National Oceanic and Atmospheric Administration (NOAA) | RULE ROLL BACK Marine National Monuments & Marine Sanctuaries EO 14276: Restoring American Seafood Competitiveness Presidential Proc. 10918: Unleashing American Commercial Fishing in the Pacific |
| 5/14/2025 | 40 CFR Parts 141 and 142 | Environmental Protection Agency (EPA) | PROPOSED RULE; REQUEST FOR COMMENTS Magnuson-Stevens Act Provisions; Fisheries off West Coast States; Pacific Coast Groundfish Fishery; 2025 Pacific Whiting Tribal Allocation and 2025 Incidental Set-Aside Marine National Monuments & Marine Sanctuaries |
| 5/9/2025 | State of Washington, et al. v. Trump, et al, No. 2:25-cv-00869 (W.D. Wash. at Seattle) | Bureau of Land Management (BLM) | RULE ROLLBACK Alternative Arrangements for NEPA Compliance Department of the Interior Departmental Manual, 516 DM 11 |
| 4/17/2025 | 90 CFR 15675 | National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce | PROPOSED RULE; REQUEST FOR COMMENTS Magnuson-Stevens Act Provisions; Fisheries off West Coast States; Pacific Coast Groundfish Fishery; 2025 Pacific Whiting Tribal Allocation and 2025 Incidental Set-Aside Marine National Monuments & Marine Sanctuaries |
| 4/15/2025 | 50 CFR Part 17 50 CFR Part 222 | Department of Interior (DOI), Fish and Wildlife Service, Department of Commerce, NOAA | PROPOSED RULE; REQUEST FOR COMMENTS Endangered Species Act Regulations – Rescinding Definition of “Harm” |
| 3/24/2025 | PROPOSED RULE; REQUEST FOR COMMENTS Endangered Species Act Regulations – Rescinding Definition of “Harm” | Army Corps, Environmental Protection Agency (EPA) | Defining Waters of the United States (WOTUS) Administrator Zeldin Announces EPA Will Revise Waters of the United States Rule | US EPA |
| 3/12/2025 | 40 CFR Part 423 | EPA | Power Plant Effluent Limits |
| 2/14/2015 | EPA-R10-OW-2022-0418; FRL 10624-01-OW | EPA | Bristol Bay and the Pebble Mine |
| 1/29/2025 | 40 CFR Parts 121, 122, and 124 | EPA | Section 401 Water Quality Certification |
| 1/28/2025 | Case Filed Challenging Continued Operation of Pipeline | Army Corps | The Dakota Access Pipeline (DAPL) |
| 1/10/2025 | 90 FR 1909 | EPA | PROPOSED RULE; WITHDRAWAL Federal Baseline Water Quality Standards for Indian Reservations; Withdrawal of Proposed Rule EPA Withdrew Proposed Rule for Tribal Water Quality Standards |
