Environmental Indigenous Peoples Civil Procedure

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Federal Judge Grants Preliminary Injunction Blocking Enforcement of New BLM Hydraulic Fracturing Rules

On September 30, 2015, the U.S. District Court for the District of Wyoming granted a motion for a preliminary injunction preventing enforcement of the U.S. Bureau of Land Management’s (BLM) recently issued hydraulic...more

Declaration Requirement Removed from First Nation Consultation Procedures

On June 10, 2015, the Alberta Energy Regulator (AER) released a revised version of the Joint Operating Procedures for First Nations Consultation on Energy Resource Activities (Procedures) and Bulletin 2015-20. While the...more

Preliminary Injunction Motion Filed To Stop BLM’s Final Fracking Rule

Last Friday, the Independent Petroleum Association of America (IPAA) and the Western Energy Alliance (WEA) opened their arguments on a preliminary injunction motion to halt the federal Bureau of Land Management’s (BLM) final...more

North Dakota Requests to Intervene in Lawsuit Challenging Federal Fracking Regulations

On Wednesday, April 1, the state of North Dakota filed a motion to intervene in Wyoming’s lawsuit challenging the Bureau of Land Management’s (“BLM”) federal hydraulic fracturing regulations. (Wyoming v. U.S. Dept. of...more

BC Supreme Court to Consider Cumulative Impacts of Resource Development on Treaty Rights

On March 3, 2015, Blueberry River First Nation (“BRFN”) sued the Province of BC seeking to break new ground by considering the cumulative impacts of resource development on BRFN’s traditional territory and treaty rights....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

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

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

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

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

The Recent “Culvert Decision” in United States v. Washington Is Likely To Have Significant Implications For Governmental and...

On March 29, 2013, United States District Judge Ricardo S. Martinez ordered the State of Washington to replace culverts under State owned roads that block the passage of salmon to critical habitat. The court earlier found...more

“CEQA’s Unusual Circumstances Exception To Small Structures Categorical Exemption Is Applied By Third District To Water Supply MOU...

As the regulated community eagerly awaits completion of briefing at the Supreme Court in the Berkeley Hillside Preservation case, the Courts of Appeal continue to decide CEQA categorical exemption cases – as is their...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

Native Americans Entitled to $239,620 in Fees By Confering a Public Benefit

An environmental group and a band of Native Americans successfully challenged various aspects of a solid waste facility landfill project in San Diego County. The Fourth Appellate District held that the claimants were entitled...more

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