Supreme Court Miniseries: Tribal Rights in the 21st Century
DE Talk | Building Foundational Relationships in Native American & Tribal Communities
Proof in Trial: Appellate Edition: Stand Up for California et al. v. U.S. Department of the Interior et al.
Tribal Tax Exemption Under McGirt Gains Preliminary Victory
McGirt Uncertainty Extends to Federal Environmental Regulations in Indian Country
Revisiting McGirt: New Legal Developments Challenge Oklahoma’s Landmark Ruling
The Immediate and Lasting Impacts of McGirt: A Novel Ruling for Oklahoma
A Way Forward: Energy Industry Ready to Fuel Canada's Recovery
In United States v. Osage Wind LLC a federal court in Oklahoma awarded permanent injunctive relief against a developer in the form of ejectment of a wind turbine farm after finding a continuing trespass....more
This series has surveyed a breadth of permitting reform issues, most recently regarding tribal consultation within the United States. International mineral development permitting in or near areas of indigenous cultural and...more
On November 17, 2023, the Department of Energy Office of State and Community Energy Programs (DOE OCEP) announced the final program requirements for the Tribal Home Electrification and Appliance Rebates Program (the “Tribal...more
Amendments to electricity legislation in Atlantic Canada will create new opportunities for developers, investors and lenders, and allow for more efficient procurement of renewable power projects in these jurisdictions....more
On October 18, 2023, 58 projects across 44 states were awarded funding to strengthen electric grid resilience and reliability as part of President Biden’s Investing in America agenda. The Confederated Tribes of the Warm...more
In support of transitioning to clean energy and combating climate change, Congress enacted the Inflation Reduction Act (IRA) (Pub. L. 117-169) to extend, modify and enhance many existing tax incentives, create new tax...more
It’s been a difficult several days for the oil industry. First, the Biden administration revoked the border-crossing permit for the Keystone XL pipeline on January 20. Another executive order, among other things, directed the...more
As the 46th president of the United States, Joe Biden took significant steps on his first day in office to advance the energy and climate initiatives of his administration. This LawFlash provides a brief summary of several...more
On July 9, 2020, the Supreme Court issued its opinion in McGirt v. Oklahoma, ruling that most of the eastern half of Oklahoma is an Indian reservation. While the decision ostensibly resolves a jurisdictional challenge to a...more
N. Plains Res. Council v. United States Army Corps of Eng’rs, No. 4:19-cv-00044-BMM, 2020 BL 35412 (9th Cir. May 14, 2020) - Oil and gas pipeline construction may no longer proceed under Nationwide Water Permit 12 (“NWP...more
People in the United States who wonder how far pipeline protests can go, and how disruptive they can be, need only look north to Canada. As this article is written, much of the national Canadian rail system has been shut down...more
The U.S. Court of Appeals for the Ninth Circuit has upheld the approval of a utility-scale wind facility in California, rejecting claims that the Bureau of Indian Affairs violated the National Environmental Policy Act and the...more
On October 11, 2017, the United States District Court for the District of Columbia declined to vacate the U.S. Army Corps of Engineers’ (“Corps”) Environmental Assessment (“EA”) of the Dakota Access Pipeline while the agency...more
Last week, the United States Court of Appeals for the Tenth Circuit held that excavation work performed by a private company when installing wind turbines constituted “mining” under the federal regulation governing mineral...more
The Federal Energy Regulatory Commission (FERC), Office of Energy Projects, recently issued its Guidelines for Reporting on Cultural Resources Investigations for Natural Gas Projects (Guidelines)....more
On January 24, the Trump Administration issued one Executive Order and Three Presidential Memoranda that affect energy projects in the United States, including in particular two pipeline projects blocked by the Obama...more
The U.S. Department of Energy's (DOE) Office of Indian Energy Policy and Programs issued a funding opportunity announcement (FOA) on Nov. 15, 2016, to deploy funds for clean energy and energy efficiency projects in Indian...more
This Advisory briefly reports on some of the significant U.S. Supreme Court actions from January through June 2016 related to environmental and administrative law. ...more
The Native American Finance Officers Association (NAFOA) held its 34th annual conference on April 17-20, 2016, at the Gila River Indian Community's Sheraton Wild Horse Pass Resort in Phoenix. NAFOA is a national non-profit...more