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Governor Brown Is Not CEQA “Public Agency,” Holds Third District In Indian Casino Case

In a published decision filed September 24, 2014, the Third District Court of Appeal (per Justice Robie) held that CEQA’s definition of a “public agency” that is subject to its requirements (see Pub. Resources Code, § 21063)...more

British Columbia’s Supreme Court Considers the Duty to Consult in the Context of an Environmental Review Process

On April 3, 2014 the British Columbia Supreme Court released its decision in Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations), 2014 BCSC 568. The case concerned an application for judicial...more

Canada’s Supreme Court Requires Aboriginal Groups to Follow Statutory Process

On May 9, 2013, the Supreme Court of Canada released its decision in Behn v. Moulton Contracting Ltd., 2013 SCC 26, affirming that Aboriginal groups seeking to challenge the validity of permits or authorizations granted to...more

Alberta First Nations Challenge Constitutionality of Federal Regulatory Reforms

On January 8, 2012, the Mikisew Cree First Nation and the Frog Lake First Nation (the First Nations), both located in Alberta, filed notices of application (the Applications) with the Federal Court seeking judicial review of...more

A New Paradigm for Aboriginal Consultation in Ontario: What Miners Need to Know

The repeal and re-enactment of the Canadian Environmental Assessment Act (“CEAA”) and amendments to other federal environmental legislation amounts to the most significant change in federal environmental assessment (“EA”)...more

President Aquino as Cotabato Water Hyacinth Remover

It was equally dismaying to listen to Cotabato City and Maguindanao Province local officials this week saying they were dismayed at Pnoy not bringing any solution or vision to the water hyacinth or water lily problem that...more

Native Americans Entitled to $239,620 in Fees By Confering a Public Benefit

An environmental group and a band of Native Americans successfully challenged various aspects of a solid waste facility landfill project in San Diego County. The Fourth Appellate District held that the claimants were entitled...more

Yucca Mountain Project: federal, state and tribal struggles for sovereignty

Millions fight to save Nevada's people and land from nuclear waste. The Yucca Mountain Project has gone from bad to ugly, and now involves a number of law suits involving federal, state and tribal sovereignty over Yucca...more

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