Environmental Indigenous Peoples

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North Dakota And Others Look To Challenge New Federal Fracking Regulations

Less than one week after the Bureau of Land Management (BLM) released its Final Rule governing hydraulic fracturing practices on federal lands, North Dakota will proceed to explore the state’s legal options for challenging...more

Long-awaited regulations for fracking on federal land: what they mean for business

This client alert is part of an ongoing series by DLA Piper attorneys on the legal, regulatory and policy issues related to hydraulic fracturing and shale gas production in the US and internationally....more

Interior Department Releases Final Rule Regulating Fracking on Federal and Tribal Lands

On Friday, March 20 the Obama Administration announced a final rule from the Bureau of Land Management (BLM) regulating hydraulic fracturing on federal and tribal lands. Key components of the rule, which will take effect in...more

Locke Lord QuickStudy: BLM Issues Final Rule on Hydraulic Fracturing Operations on Federal and Indian Lands

On March 20, 2015, the Bureau of Land Management (“BLM”) released its long-awaited final rule for hydraulic fracturing on federal and Indian land. The rule establishes new requirements to ensure wellbore integrity, protect...more

Obama Administration Releases Federal Fracking Regulations

Today, Friday, March 20, the Bureau of Land Management (“BLM”), an agency within the Department of the Interior, published regulations for hydraulic fracturing on Federal and Indian lands.  The Final Rule becomes effective in...more

BLM Issues Final Rule Governing Hydraulic Fracturing on Federal and Indian Lands

On March 20, Department of the Interior Secretary Sally Jewell announced the release of the Bureau of Land Management’s (BLM) final rule, titled, “Hydraulic Fracturing on Federal and Indian Lands,” which BLM announced will...more

Independent Producers Lead Legal Challenge Against BLM’s Hydraulic Fracturing Rule

After a regulatory review process lasting more than three years, the Bureau of Land Management (BLM) issued today a final rule purporting to govern hydraulic fracturing on federal and Indian lands. Given BLM’s failure to...more

DOE Announces Third Round Of START Program

On February 25, 2015, the U.S. Department of Energy (DOE) announced the third round of Strategic Technical Assistance Response Team (START) Renewable Energy Project Development Assistance that provides tribal governments and...more

The President’s FY2016 Federal Budget Request: Programs Relevant to Tribal Energy Development

The White House transmitted its Fiscal Year 2016 Budget Request to Congress on February 2, 2015. Overall, the budget includes over $7.4 billion in funding for clean energy technology programs across the federal agencies. ...more

Procedures Introduced to Administer and Coordinate First Nation Consultation

On February 4, 2015, the Aboriginal Consultation Office (ACO) and the Alberta Energy Regulator (AER) released the Joint Operating Procedures for First Nations Consultation on Energy Resource Activities (Procedures). ...more

CEQA Bill to Protect Native American Cultural Resources Creates New Challenges and Opportunities for Project Applicants

On September 25, 2014, Governor Brown signed Assembly Bill 52 ("AB 52"), which modifies the California Environmental Quality Act ("CEQA") to add new protections for Native American cultural resources and enhances the role of...more

Proposition 48: A North Fork in the Road for Tribal Casinos

Continuing our series on the 2014 California election ballot, we now turn to Proposition 48, the Referendum on Indian Gaming Compacts. If voters approve the referendum November 4th, Native American tribes may be able...more

Fall 2014 CEQA Roundup: Legislative and Regulatory Developments

A number of recent legislative and regulatory developments in or related to CEQA will impact public agencies, developers, and practitioners in the coming year. Some significant recent developments include: SB 743...more

Seventh Circuit Uses Fed. R. Civ. P. 60(b)(5) to Reopen 23-Year Old Judgment

Federal Rule of Civil Procedure 60(b)(5) allows a party to move for relief from a final judgment on the ground that “it prospectively is no longer equitable.” Motions under Rule 60(b)(5) must be made “within a reasonable...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Maine Senate Confirms 50 of 51 Gubernatorial Nominees - On September 30th, the Maine...more

Tribe’s Gamble That Casino Land Transfer Approval Not Subject to CEQA Pays Off

Picayune Rancheria of Chukchansi Indians v. Brown, C074506 (9/24/2014) - In a recent Third District Court of Appeal published opinion, the court in Picayune Rancheria of Chukchansi Indians v. Edmund G. Brown, Jr. (3rd....more

Senators Critique Proposed Federal Rules for Hydraulic Fracturing on Federal and Indian Lands

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

Governor Signs Two New CEQA Bills

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

New Law Requires Formal Consultation with Native American Tribes During CEQA Process

Agencies Must, Upon Request, Consult With Tribes About “Tribal Cultural Resources” - Assembly Bill 52, signed yesterday by Gov. Jerry Brown, seeks to protect a new class of resources under CEQA: “tribal cultural...more

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

Renewable Energy Update -- August 2014 #2

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

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

Bureau Of Indian Affairs Proposes Regulation To Allow Taking Of Land Into Trust For Tribes In Alaska

After decades of interpreting the Alaska Native Claims Settlement Act of 1971 (ANCSA) to preclude the federal government’s acquisition of land in trust for tribes in Alaska, on May 1, 2014, the Bureau of Indian Affairs...more

EPA’s Proposed Rule for New Power Plants Could Trigger Excessive Title V Permit Fees

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

Snohomish tidal project wins FERC pilot license

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

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