Energy & Utilities Indigenous Peoples

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DOE to Deploy Funds for Clean Energy and Energy Efficiency Projects in Indian Country

The U.S. Department of Energy's (DOE) Office of Indian Energy has announced its Notice of Intent for funding opportunities ranging from $50,000 to $1 million to maximize the development and deployment of clean energy and...more

ND Pipeline Decision: Court Grants TRO to Prevent Indian Nation from Interfering with Construction of Pipelines

On September 13, the U.S. District Court for the District of North Dakota granted a Motion for a Temporary Restraining Order in the matter of Paradigm Energy Partners, LLC v. Fox, et al., prohibiting the defendants from...more

California Environmental Law & Policy Update - September 2016

Environmental and Policy Focus - Governor Brown and lawmakers reach deal for California climate funds - San Diego Union-Tribune - Aug 31 - California lawmakers on Wednesday approved a $900 million spending...more

Federal Court of Appeal: Government Failed to Adequately Consult with First Nations on Northern Gateway

On June 23, 2016, the Federal Court of Appeal delivered the Northern Gateway Project another procedural setback in its decision on Gitxaala Nation v Canada (2016 FCA 187). In a 2-to-1 split decision, the court overturned the...more

Court Rules BLM Had No Authority To Regulate Fracking On Federal and Native American Lands

In March 2015, the Bureau of Land Management (“BLM”) issued regulations applying to hydraulic fracturing on federal and Indian lands. 80 Fed. Reg. 16,128–16,222 (Mar. 26, 2015) (the “Fracking Rule”). The states of Wyoming,...more

Wyoming Federal Court Strikes Down BLM Fracking Rule

U.S. District Court Judge Scott Skavdahl in State of Wyoming et al v. U.S. Department if Interior et al. struck down Bureau of Land Management regulations applying to hydraulic fracking on federal and Indian lands. He...more

Federal Judge: Authority Lacking for Regulation of Hydraulic Fracking

The federal district court in the state of Wyoming recently enjoined the Bureau of Land Management (“BLM”) from regulating hydraulic fracturing (“fracking”), effectively ending, at least for now, the federal government’s...more

Court Strikes Down BLM Hydraulic Fracturing Rule

US District Court rejects US Bureau of Land Management’s rule regarding hydraulic fracturing operations on federal and Tribal lands. On June 21, 2016, the US District Court for the District of Wyoming (District Court)...more

Canadian Government Seeks Input for Innovation Agenda

In September 2015 a new government was elected in Canada, on a platform of significant change. Its first budget, tabled last March, outlines its plan for implementation of that change. A significant part of the budget –...more

Independent Oil and Gas Producers Defeat Federal Hydraulic Fracturing Rule

Wyoming U.S. District Court Declares Bureau of Land Management’s Hydraulic Fracturing Rule Unlawful On June 21, 2016, United States District Judge Scott Skavdahl granted BakerHostetler’s petition for review of final...more

District Court Strikes Down Controversial BLM Fracking Rule

In a decision sending shockwaves across the nation’s oil and gas industry, the U.S. District Court for the District of Wyoming yesterday set aside the Bureau of Land Management’s rule to govern hydraulic fracturing on federal...more

Tribal Groundwater Resources – Management Considerations Under Current Law

In the arid southwest, water is the most important and precious natural resource. In some communities, groundwater is the primary source, and often sole source, of water for domestic, agricultural irrigation, industrial, and...more

Alberta’s Metis Consultation Framework

On April 4, 2016, the Government of Alberta (“GoA”) released The Government of Alberta’s Policy on Consultation with Metis Settlements on Land and Natural Resource Management, 2015 (the “Policy”) as well as The Government of...more

Three Key Takeaways from NAFOA's 34th Annual Conference

The Native American Finance Officers Association (NAFOA) held its 34th annual conference on April 17-20, 2016, at the Gila River Indian Community's Sheraton Wild Horse Pass Resort in Phoenix. NAFOA is a national non-profit...more

Court Holds that the Bureau of Indian Affairs is Not Obligated to Ensure Migratory Bird Treaty Act or Bald and Golden Eagle...

On March 29, 2016, the U.S. District Court for the Southern District of California granted summary judgment in favor of the Bureau of Indian Affairs (“BIA”) in a lawsuit involving the grant of a lease to Tule Wind, LLC for...more

Supreme Court Nominee Has No Clear Track Record on Indian Country Cases

President Obama nominated Merrick Garland on March 16, 2016, to be an associate justice on the U.S. Supreme Court. Garland now serves as chief judge of the U.S. Court of Appeals for the District of Columbia Circuit. Despite...more

Supreme Court to Hear Appeals on Role of Tribunals in Duty to Consult

The Supreme Court of Canada (SCC) has granted leave to appeal in two cases concerning the ability of a regulatory tribunal to discharge the Crown’s duty to consult. In Hamlet of Clyde River v. TGS-NOPEC Geophysical...more

Environmental, Regulatory and Aboriginal Developments in the Canadian Energy Sector: Federal Government Announces Interim Measure...

On January 27, 2016, the Government of Canada (“GOC”) introduced interim measures for pipeline reviews. The new GOC made an election promise to overhaul the current regulatory system for major natural resource projects....more

Northern Gateway: British Columbia must Issue its Own Approval and Consult with First Nations

In Coastal First Nations v British Columbia (Environment), 2016 BCSC 34, the Court decided British Columbia must issue its own environmental decision and consult First Nations on the Northern Gateway Project (NGP), instead of...more

Suspension of coal leasing

The United States Department of the Interior has announced a temporary suspension of coal leasing on public lands pending a comprehensive review of the federal coal program by the Bureau of Land Management (BLM).  Public...more

Interior's Proposed Rule on Flaring Would Restrict Oil and Gas Development on Tribal Lands

The U.S. Department of the Interior (DOI), on Jan. 22, 2016, proposed a rule developed by the Bureau of Land Management (BLM) that would limit the flaring, leaking and venting of natural gas on public and tribal lands....more

Department of the Interior Releases Proposed Rule to Reduce Waste of Natural Gas

Advances in oil and gas production technology, such as horizontal drilling and hydraulic fracturing, have dramatically increased the production of oil and gas in the United States by unlocking shale gas and other resources...more

Supreme Court Update: Montgomery V. Louisiana (14-280), Federal Energy Regulatory Commission V. Electric Power Supply Association...

The decision in Montgomery v. Louisiana (14-280) was a biggie, and not just because it retroactively applied the Court's 2012 holding that mandatory sentences of life without parole for juvenile offenders violate the Eighth...more

Utah Congressmen Unveil Landmark Public Land Bill

On January 20, Congressmen Rob Bishop and Jason Chaffetz unveiled a “discussion draft” of the Utah Public Lands Initiative Act. The proposed bill undertakes the difficult task of balancing economic development and...more

B.C. Has Authority to Impose Conditions on Northern Gateway Pipeline

In its recent decision in Coastal First Nations v. British Columbia (Environment), the B.C. Supreme Court (Court) held that the provincial government retains authority to impose conditions on the proposed Northern Gateway...more

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