The U.S. offshore wind market has surged in growth over the last few years, bolstered by the U.S government’s commitment in 2021 to increase offshore wind lease capacity as well as the Biden Administration’s declaration that...more
4/26/2022
/ Asset Management ,
Biden Administration ,
BOEM ,
Energy Policy ,
Energy Projects ,
Energy Sector ,
FERC ,
Offshore Wind ,
Project Finance ,
Regulatory Requirements ,
Renewable Energy ,
Wind Farm ,
Wind Power
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
Demand for renewable energy projects has never been greater. The newest, latest trend is the push for renewable energy projects with positive social impacts and benefits to marginalized communities. Indeed, some of the most...more
On July 9, 2020, the United States Supreme Court held in McGirt v. Oklahoma that, for purposes of the Major Crimes Act (MCA), land in eastern Oklahoma reserved for the Creek Nation pursuant to a treaty ratified by Congress...more
7/21/2020
/ Criminal Convictions ,
Disestablishment ,
Federal Jurisdiction ,
Federal v State Law Application ,
Fee Simple ,
Land Titles ,
Major Crimes Act ,
McGirt v Oklahoma ,
Native American Issues ,
Reversal ,
SCOTUS ,
Treaties ,
Tribal Lands
Native American tribes are increasingly involved in commerce using corporate entities that are incorporated under either state or tribal law. A recent ruling by the Ninth Circuit makes clear that those corporations may be...more
The Washington Supreme Court recently overturned years of precedent and made it more difficult for parties to claim that government regulation has effected an unconstitutional “taking” of their property requiring...more
Washington Attorney General Bob Ferguson announced a new policy requiring “free, prior and informed consent” from tribes on Attorney General’s Office (“AGO”) projects or initiatives that could impact tribal interests,...more
On March 19, 2019, the United States Supreme Court issued its decision in Washington State Department of Licensing v. Cougar Den, Inc., holding that the right to travel provision of the Yakama’s treaty with the United States...more
3/25/2019
/ Fuel Tax ,
Highways ,
Imports ,
Preemption ,
Reaffirmation ,
Right to Travel ,
SCOTUS ,
State Taxes ,
Tax Exempt ,
Treaties ,
Tribal Lands ,
WA Supreme Court ,
Washington State Department of Licensing v Cougar Den Inc
Opportunities for economic growth in Indian country — including the development of retail space, hotels and resorts, energy projects, data farms, and more traditional farming activities, to name a few — are tied to several...more
Potential Implications for Northwest Regulators and Private Parties -
On June 11, 2018, an equally divided United States Supreme Court affirmed per curiam the Ninth Circuit’s decision in United States v. Washington, known...more
The U.S. Supreme Court recently held that tribal employees can be sued in their individual capacities for torts they commit while acting within the scope of their employment. Relying upon cases involving tort suits against...more
The Washington State Supreme Court recently held that two oil terminal facility expansion projects, near coastal waters in Washington State, are subject to review under the Ocean Resources Management Act (ORMA). ORMA requires...more
The Ninth Circuit Court of Appeals (the “Ninth Circuit”) reaffirmed principles of tribal sovereign immunity in a ruling on August 8, 2016. The Ninth Circuit issued an opinion stating that an Indian tribe does not waive its...more
The Ninth Circuit Court of Appeals (“Ninth Circuit”) recently affirmed an injunction issued by the District Court for Western District of Washington ordering the State of Washington to repair or replace thousands of State...more
The U.S. Supreme Court’s recent decision in Michigan v. Bay Mills Indian Community is a reminder to a broad range of entities, including energy companies, financial service providers, and state and local governments, that...more
Under certain statutes, tribes can exercise civil jurisdiction over non-Indians. For instance, the Comprehensive Environmental Response, Compensation, and Liability Act allows tribes to pursue claims for natural resource...more
Since the Supreme Court’s 1973 decision in Mescalero Apache Tribe v. Jones, it has been clear that state and local tax authorities could not assess property tax on permanent improvements located on tribal trust land when...more
On March 29, 2013, United States District Judge Ricardo S. Martinez ordered the State of Washington to replace culverts under State owned roads that block the passage of salmon to critical habitat. The court earlier found...more
The efficiency and transparency of developing wind and solar energy projects on tribal lands have improved considerably as a result of the recent issuance by the Department of Interior (DOI) of its final rule governing leases...more