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Prosecuting Environmental and Toxic Torts
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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
On May 14, 2014 the British Columbia Supreme Court released its decision in Ehattesaht First Nation v British Columbia (Forests, Lands and Natural Resource Operations), 2014 BCSC 849. The case concerned an application for...more
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
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
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
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
Nacho Nyak Dun, theTr’ondek Hwech’in (two First Nations), the Canadian Park sand Wilderness Society and the Yukon Conservation Society are suing the Yukon government over the land use plan for the Peel River watershed on the...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
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
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
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
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
The development of projects and business opportunities, particularly in the natural resource industries, requires government decision making, from the issuance of resource tenures, through environmental assessment 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
In this article:
- New Mining Act – Bill 43
- Exploration Phase
- Procedure, Duty to Disclose and Reports
- Mining Restrictions
- Management of Mining Claims
- Extraction Phase...more
On May 16, 2013, the U.S. Department of the Interior’s Bureau of Land Management (“BLM”) issued a revised proposed rule regarding hydraulic fracturing on federal and Indian lands for oil and gas production....more
The Bureau of Land Management (BLM) has issued a revised proposed rule for regulating hydraulic fracturing—or “fracking.” ...more
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
On April 2, 2013, Alberta released a draft of The Government of Alberta's Policy on Consultation with First Nations on Land and Natural Resource Management, 2013 (the "Draft Policy"). The Government's deadline for comments on...more
Natural resources proponents are often deeply involved in consultations with Aboriginal communities that may be affected by their projects. How far can the Crown delegate its constitutional duty to consult Aboriginal people...more
On May 8, 2013, Alberta’s Aboriginal Relations Minister introduced Bill 22, the Aboriginal Consultation Levy Act, into the Legislature in an effort to provide Aboriginal groups in Alberta with the capacity and funding...more
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
On March 28th, Québec Environment minister Yves-François Blanchet announced that the Bureau d’audiences publiques sur l’environnement (BAPE) will hold public hearings on the uranium sector in Québec. These hearings are...more
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