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Transbay Tower Groundbreaking
On 28 November 2014, the Western Australian Government made changes to the manner by which iron ore royalties payable to the Government are calculated. These changes more clearly prescribe the scope of permissible deductions...more
When a Native American tribe acquires a hydroelectric power plant licensed by the Federal Energy Regulatory Commission, does the project become exempt from some federal regulations?
Yes, according to a FERC order...more
For the better part of the last decade, oil and natural gas production from domestic wells has increased steadily. Technical advancements in identifying promising sources of oil and gas and extracting hydrocarbons from...more
On September 30, 2014, a block of twelve Democratic U.S. Senators presented a letter to the White House’s Office of Management and Budget (“OMB”), urging stricter fracking regulations. The Bureau of Land Management (“BLM”),...more
Conducting commercial operations on tribal lands can pose significant challenges for non-Indian companies. Demonstrating sensitivity to the cultural nuances of Native American society and navigating the complex web of federal...more
Governor Brown has signed two new bills amending the California Environmental Quality Act (CEQA). AB 52 establishes new consultation procedures with California Native American tribes, and provides that an adverse change to a...more
Renewable Energy Focus - Renewables provide 56 percent of new U.S. generating capacity in first half of 2014: Electric Light & Power - Jul 21:
Solar, wind, biomass, geothermal, and hydropower provided 55.7 percent of...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
The Saskatchewan Court of Queen’s Bench held in Buffalo River Dene Nation v The Minister of Energy and Resources and Scott Land & Lease Ltd, 2014 SKQB 69, that a decision of the Minister of Energy and Resources to post for...more
Proposed Greenhouse Gas Performance Standards for new power plants will have broader implications for Clean Air Act operating permit fees.
The public comment period will soon close on May 9, 2014 for the Environmental...more
Federal regulators have issued a pilot license for a proposed tidal energy project in Washington.
Yesterday, the Federal Energy Regulatory Commission issued a 10-year pilot license to Public Utility District No. 1 of...more
Consistent with the administration’s ongoing focus on methane emissions, the Bureau of Land Management (BLM) is initiating a process of inviting feedback for the anticipated rulemaking regarding Onshore Oil and Gas Order 9,...more
The U.S. Fish and Wildlife Service announced on February 24 that it will be developing proposed regulations to adopt a significantly more stringent approach to the management of oil and gas activities associated with any...more
On December 16, 2013, the Alberta Court of Queen’s Bench granted a long-term Order to Penn West Petroleum Ltd. prohibiting several members of the Lubicon Lake Cree from continuing to blockade a permitted access road in the...more
After several failed attempts at reforming the Mining Act, on December 10, 2013 the National Assembly finally adopted Bill 70, An Act to amend the Mining Act (“Bill 70”).
Bill 70 draws upon a number of the measures...more
On last December 10th, the National Assembly of Québec adopted Bill 70, An Act to amend the Mining Act (“Bill 70”). The adoption of Bill 70 came in the wake of three aborted attempts to modify Quebec’s mining regime in recent...more
Warning: Aboriginal and Torres Strait Islander people are advised that this article may refer to the names of people who are deceased.
In Watson on behalf of Nyikina & Mangala v Backreef Oil Pty Ltd...more
The federal government is poised to tighten regulation of hydraulic fracturing — the drilling method behind the boom in U.S. natural gas production — by proposing to revise rules affecting 700 million acres of federal and...more
On October 3, 2013, the Washington State Supreme Court ruled in Swinomish Indian Tribal Community v. Wash. Dept. of Ecology (No. 87672-0, Wash. Oct. 3, 2013) that the Department of Ecology exceeded its authority by applying...more
Oil and Gas Update -
Hydraulic Fracturing Regulations - Bureau of Land Management:
On May 16, 2013, the U.S. Department of Interior’s Bureau of Land Management (BLM) released a Supplemental Notice of Proposed...more
On August 16, 2013, the Government of Alberta ("Alberta") released its Policy on Consultation with First Nations on Natural Resource Management, 2013 (the "Policy"). The Policy is the product of extensive consultation with...more
Last Week, the U.S. House of Representatives’ Natural Resources Committee advanced a bill that would require the Department of Interior (DOI) to defer to state rules regulating hydraulic fracturing on federal lands. HR 2728,...more
Recent Updates -
Effective January 1, 2013, the Sales Tax for goods and services delivered on the Navajo reservation increased from 4% to 5% of gross receipts. Services are so broadly defined that, unlike many states,...more
As a result of the Ross River Dena lawsuit against the Yukon Government with respect to consultation on the granting of rights to miners to conduct work without consulting and accommodating First Nations, the Yukon Court of...more
The International Council of Mining & Metals (“ICMM”) recently released a position statement on indigenous peoples and mining that explicitly requires its 22 member companies to work to obtain the free, prior, and informed...more
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