News & Analysis as of

Permits Tribal Lands

Allen Matkins

Sustainable Development and Land Use Update 5.28.24

Allen Matkins on

Various state housing bills are currently making their way through the State Legislature that are expected to benefit mixed-income multifamily housing developers. AB 2243 would amend AB 2011. AB 1893 and AB 1886 would amend...more

K&L Gates LLP

Building Relationships with Tribes and Operating on Reservation Lands: Lessons From FMC v. Shoshone

K&L Gates LLP on

Building Relationships with Tribes and Operating on Reservation Lands: Lessons From FMC v. Shoshone - On 11 January 2021, the United States Supreme Court declined a petition to review the Ninth Circuit’s decision in FMC...more

Husch Blackwell LLP

Update On Wisconsin Indian Tribe’s Lawsuit Against Federal Government

Husch Blackwell LLP on

As mentioned in a prior blog post, the Menominee Indian Tribe of Wisconsin (“Tribe”) sued the U.S. Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“Corps”) over the proposed Aquila Resources Back Forty...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - September 2018

U.S. Army Corps Stands by Permit for Dakota Access Oil Pipeline - "The U.S. Army Corps said that a permit it granted for the Dakota Access Pipeline last year was environmentally sound, handing a setback to tribal and green...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Tribal Challenge to Road Construction: Federal Appellate Court Addresses National Historic Preservation Act and Clean Water Act...

The United States Court of Appeals for the Eighth Circuit (“Court”) affirmed a lower court ruling addressing challenges to Clean Water Act nationwide permits granted to Meryln Drake by the United States Corps of Engineers...more

Sheppard Mullin Richter & Hampton LLP

Tenth Circuit Takes Expansive View of the Definition of the Term “Mining,” Holding Wind Farm Project Needs Permit Prior to...

United States of America v. Osage Wind, LLC et al., 871 F.3d 1078 2017 WL 4109940 (10th Cir. Sept. 18, 2017). Causing heartburn for project applicants developing on tribal land, the Tenth Circuit reversed the District Court...more

Husch Blackwell LLP

Wisconsin Indian Tribe Sues Federal Government to Get Involved in Permitting of Mine in Michigan’s Upper Peninsula

Husch Blackwell LLP on

The Menominee Indian Tribe of Wisconsin has sued the U.S. Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“Corps”) over the proposed Aquila Resources Back Forty Mine, arguing that EPA and Corps have...more

King & Spalding

US Army Corps of Engineers Updates Five-Year Nationwide Permits – USACE Generally Declines to Apply More Rigorous Limits, but...

King & Spalding on

On January 6, 2017, the U.S. Army Corps of Engineers (USACE) reissued 52 nationwide permits (NWPs) and issued two new NWPs, along with general conditions and definitions. NWPs are a type of general permit authorized under...more

Holland & Knight LLP

Clean Water Act Nationwide Permits Reissued: Permit Streamlining Remains Intact

Holland & Knight LLP on

The U.S. Army Corps of Engineers (Corps) on Jan. 6, 2017, published a final rule reissuing its Clean Water Act Nationwide Permits (NWPs) with some modifications (88 Fed. Reg. 1860). The NWP program authorizes streamlined...more

Bennett Jones LLP

Alberta Court Strikes Out Pleadings Challenging Validity of Oil and Gas Permits

Bennett Jones LLP on

A challenge to the validity of oil and gas permits outside the judicial review process is a collateral attack and will be struck, the Alberta Court of Queen’s Bench held recently in Ominayak v Penn West Petroleum Ltd, 2015...more

Blake, Cassels & Graydon LLP

Saskatchewan Court of Appeal: No Surface Activity Means No Duty to Consult First Nations

In its recent decision in Buffalo River Dene Nation v. Saskatchewan (Energy and Resources), the Court of Appeal for Saskatchewan held that the government was not required to consult the Buffalo River Dene Nation (BRDN) before...more

Bennett Jones LLP

Duty to Consult Not Triggered for Exploration Dispositions: Saskatchewan Court of Appeal

Bennett Jones LLP on

The grant of exploration dispositions for oil sands located beneath treaty lands did not trigger the Crown’s duty to consult, the Saskatchewan Court of Appeal held recently in Buffalo River Dene Nation v Ministry of Energy...more

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