Benjamin Mayer

Benjamin Mayer

K&L Gates LLP

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Ninth Circuit Addresses Effect of Removal on Tribal Sovereign Immunity

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

8/17/2016 - Corporate Counsel FMLA Hiring & Firing Sovereign Immunity

Implications of the Ninth Circuit’s Recent “Culvert Case” for Government and Private Entities Responsible for Conditions that...

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

8/15/2016 - Critical Habitat Fishing Industry State and Local Government

Eagle Take Permit Program Revamped – Longer Permits and Clearer Mitigation Requirements

The United States Fish and Wildlife Service (“USFWS”) recently proposed revisions to its regulations authorizing take of bald and golden eagles. The Bald and Golden Eagle Protection Act (“BGEPA”) imposes criminal and...more

5/25/2016 - Bald and Golden Eagle Protection Act Mitigation NEPA US Fish and Wildlife Service Wind Power

Presidential Memorandum Promotes Pre-Project Mitigation and Restoration Banking: Implications for Energy Projects and Related...

On November 3, 2015, U.S. President Barack Obama issued a Presidential Memorandum (Memorandum) that potentially opens the door to agency attempts to expand mitigation obligations beyond what is required under law while also...more

12/18/2015 - Bureau of Land Management Energy Projects Energy Sector Forest Service Mitigation US Fish and Wildlife Service

Critical Habitat and the Endangered Species Act: Proposed Revisions to Fundamental Regulatory Concepts

On May 12, 2014, the U.S. Fish and Wildlife Service (“FWS”) and the National Marine Fisheries Service (collectively, the “Services”) issued notices of proposed rules and a proposed policy related to the designation of...more

8/19/2014 - Clean Water Act Critical Habitat Endangered Species Act (ESA) National Marine Fisheries Service Permits Proposed Regulation US Army Corps of Engineers US Fish and Wildlife Service

Supreme Court Affirms in Michigan v. Bay Mills Indian Community: Don’t Roll the Dice with Tribal Sovereign Immunity

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

7/25/2014 - Commercial Contracts Corporate Counsel Gaming Indian Gaming Michigan v Bay Mills Indian Cmty Popular SCOTUS Sovereign Immunity Tribal Corporations Tribal Governments

The Recent “Culvert Decision” in United States v. Washington Is Likely To Have Significant Implications For Governmental and...

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

4/19/2013 - Critical Habitat Environmental Policies Fishing Industry Government Entities Salmon

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