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The Climate Litigation Database

Clark v. Haaland

Geography
Year
2021
Document Type
Litigation
Part of

About this case

Filing year
2021
Status
Tenth Circuit affirmed dismissal of claims without prejudice for lack of jurisdiction.
Docket number
22-2141
Court/admin entity
United StatesUnited States Court of Appeals for the Tenth Circuit (10th Cir.)United StatesUnited States Federal Courts
Case category
Adaptation (US)Actions seeking adaptation measures (US)
Principal law
United StatesColorado River Compact of 1922United StatesColorado River Storage ActUnited StatesCompact ClauseUnited StatesEndangered Species Act (ESA)United StatesFifth Amendment—Due ProcessUnited StatesFifth Amendment—Equal ProtectionUnited StatesFirst AmendmentUnited StatesFourteenth AmendmentUnited StatesFourteenth Amendment—Due ProcessUnited StatesFourteenth Amendment—Equal ProtectionUnited StatesMcCarran AmendmentUnited StatesNational Environmental Policy Act (NEPA)United StatesNavajo Indian Irrigation Project ActUnited StatesOmnibus Public Land Management Act of 2009United StatesReclamation Act of 1902United StatesSupremacy ClauseUnited StatesUpper Basin Compact of 1948
At issue
Lawsuit seeking declarations regarding the application of federal law to certain reclamation and irrigation projects.
Topics
, ,

Documents

Filing Date
Document
Type
Topics 
Beta
11/13/2024
Tenth Circuit affirmed dismissal of claims without prejudice for lack of jurisdiction.
The Tenth Circuit Court of Appeals affirmed the dismissal of a lawsuit brought by New Mexico residents who alleged that state, Tribal, and federal defendants violated federal water law in violation of the plaintiffs’ water rights. The plaintiffs’ allegations included that adjudication of water rights in interstate rivers must consider global warming. The Tenth Circuit agreed with the district court that the claims must be dismissed because sovereign immunity prevented the courts from exercising jurisdiction over the defendants.
Decision

Summary

Lawsuit seeking declarations regarding the application of federal law to certain reclamation and irrigation projects.

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Group
Topics
Risk
Impacted group
Fossil fuel
Economic sector
Adaptation/resilience