Energy & Utilities Indigenous Peoples Civil Procedure

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The Wind River Reservation Treatment-as-State Controversy: How Confusion Undermines Opportunities for Cooperative Governance

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

Australia: Federal Court confirms National Native Title Tribunal's approach to future act determinations

Warning: Aboriginal and Torres Strait Islander people are advised that this article may refer to the names of people who are deceased. Summary - In Watson on behalf of Nyikina & Mangala v Backreef Oil Pty Ltd...more

Washington State Supreme Court Issues Landmark Ruling: “Overriding Considerations Of The Public Interest” Do Not Justify...

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

B.C.’s Highest Court Releases Significant Decision on Government Approvals for “Brown Field” Sites

On September 26, 2013, the British Columbia Court of Appeal dismissed an appeal by the Stellat’en First Nation (Stellat’en) and confirmed that Crown consultation was adequate in granting the approvals for the Thompson Creek...more

Two Significant Duty-to-Consult Cases Released in Alberta and British Columbia Courts

Alberta: Lameman v. Alberta, 2013 ABCA 148 - The Beaver Lake Cree Nation (BLCN) brought a Statement of Claim before the Alberta Court of Queen’s Bench alleging that the Alberta and federal governments have failed to...more

Federal Court Provides Guidance on Adequacy of Consultation About Environmental Assessments of Major Resource Projects

On April 23, 2013, the Federal Court of Canada released its decision dismissing an application commenced by the Conseil des Innus de Ekuanitshit (the Applicant) to judicially review the Order in Council (OIC) issued on the...more

Mineral Claims And The Duty To Consult In Yukon

On December 27, 2012, the Yukon Court of Appeal handed down its decision in Ross River Dena Council v Government of Yukon, 2012 YKCA 14. The decision related to an appeal of Mr. Justice Veale’s decision regarding the claim of...more

Alberta Court of Appeal Decides Panel Not Required to Determine Adequacy of Crown’s Aboriginal Consultation

On November 26, 2012, the Alberta Court of Appeal released the decision of Justice Slatter denying leave to appeal a decision made by the Joint Review Panel (the Panel) established to evaluate Shell Canada’s application to...more

Fee-Shifting Ruling Encourages Intervention in Clean Air Challenges

On December 20, 2011, the U.S. Court of Appeals for the D.C. Circuit expanded fee-shifting incentives for parties that intervene in challenges to Clean Air Act rules issued by the Environmental Protection Agency (EPA). The...more

Duke’s Power Lines Project & Native American Sacred Mounds (News Note)

Duke Energy has been cleared to update power lines near the Eastern Band of the Cherokee’s reservation in the western North Carolina mountains. Late last month, the North Carolina Utilities Commission handed down their...more

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