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Tenth Circuit Upholds New Mexico Stream Access Victory

The U.S. Court of Appeals for the Tenth Circuit affirmed New Mexico's constitutional right to public water access, upholding injunctions previously secured by Attorney General Raúl Torrez against private landowners on the Pecos River. The appellate ruling rejected landowners' appeal of a federal district court decision that found New Mexicans have the right to use and enjoy public waters for recreation. The court prohibited landowners from erecting obstructions or posting signs interfering with established public fishing and recreation rights.

Circuit Splits from March 2026: Appellate Court Disagreements on Qualified Immunity, ADA, First Step Act

The Congressional Research Service published a Legal Sidebar summarizing circuit splits that emerged from U.S. Courts of Appeals decisions in March 2026. Three circuit conflicts are discussed: the Eleventh Circuit's split with the Fifth and Tenth Circuits on qualified immunity and personal liability under 42 U.S.C. § 1981 and the FMLA; the Eleventh Circuit's split with the Fifth Circuit on Olmstead claims under Title II of the ADA for individuals at risk of institutionalization; and the Second Circuit's split with the Ninth Circuit on whether First Step Act time credits can reduce the period of supervised release under 18 U.S.C. § 3632(d)(4). The report does not create new obligations but tracks appellate disagreement on federal law interpretation.

Piscitelli v. GitLab, Inc. - Title VII Employment Discrimination

The Fourth Circuit affirmed the district court's dismissal of Brian Piscitelli's Title VII claims against GitLab, Inc. The court rejected Piscitelli's argument that the district court should have applied the Tenth Circuit's modified prima facie test for religious discrimination, finding it conflicts with Fourth Circuit precedent. The plaintiff alleged religious discrimination after being terminated for security clearance lapse while seeking COVID-19 vaccine religious accommodation.

Drummond Defends $31M Illinois River Watershed Settlements

Oklahoma Attorney General Drummond filed notices urging federal courts to approve $31 million settlements with poultry companies Cargill, George's, Peterson Farms, and Tyson for phosphorus runoff pollution in the Illinois River Watershed. The state also filed opposition in the Tenth Circuit to prevent hold-out defendants Simmons and Cal-Maine from pausing their obligations. The settlements, reached after months of negotiation, await court approval before taking effect.