In May 2024, the Bureau of Land Management (BLM or the Agency) issued a final rule updating its renewable energy and right-of-way (ROW) policies. BLM is one of the largest landholders in the United States, with significant...more
In April 2023, we reported on the US Court of Appeals for the Ninth Circuit’s decision in California Restaurant Association (CRA) v. City of Berkeley striking down a Berkeley ordinance that prohibited natural gas piping in...more
On 17 April 2023, in California Restaurant Association v. City of Berkeley, the Ninth Circuit struck down a local ordinance banning natural gas piping in newly constructed buildings, concluding that federal law preempts the...more
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
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 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
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
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
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
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