Indigenous Peoples

BLM Issues Revised Proposed Fracking Regulations

by Donald Baur, Barbara Schussman, Nidhi Thakar, Tyler Welti | Perkins Coie on 5/21/2013

The Bureau of Land Management (BLM) has issued a revised proposed rule for regulating hydraulic fracturing—or “fracking.” ...more

Canada’s Supreme Court Requires Aboriginal Groups to Follow Statutory Process

by Elizabeth Coyle, Thoma Gelbman, Maureen Killoran | Osler, Hoskin & Harcourt LLP on 5/17/2013

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

SCC Rules Roadblock an Abuse of Process Where Legal Remedies Not Exercised

by Laura Gill, E. Bruce Mellett | Bennett Jones LLP on 5/17/2013

Last week, the Supreme Court of Canada released its decision in Behn v. Moulton Contracting Ltd., 2013 SCC 26. The case sets out some important principles that may be relevant for those who engage in operations in areas where...more

Changes to First Nations Consultation in Alberta

by Wally Braul, Kelly Bray, David Macaulay, Shawn Munro, Cassia Prentice | Bennett Jones LLP on 5/13/2013

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

Global Connection - May 2013: iGaming Update

by Harsh Parikh, Heidi McNeil Staudenmaier | Snell & Wilmer L.L.P. on 5/10/2013

More than 25 years ago, gaming in the United States faced a conundrum as Indian Tribes and States debated the legality of gambling on tribal lands. The issue culminated in a landmark decision in the United State Supreme...more

Aboriginal Law – The Crown’s Duty to Consult and the Involvement of Natural Resources Proponents in the Consultation Process

by Anne-Marie Dupont, Simon Ruel | Heenan Blaikie LLP on 5/10/2013

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

Aboriginal Consultation Levy Act Introduced into the Alberta Legislature

by Shawn Denstedt Q.C., Suzanne MacMillan, Terri-Lee Oleniuk | Osler, Hoskin & Harcourt LLP on 5/9/2013

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

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

by Jeremy Barretto, Thoma Gelbman, Suzanne MacMillan | Osler, Hoskin & Harcourt LLP on 5/8/2013

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

Ninth Circuit Holds Takings Case Must Proceed Through Tribal Court

by Ben Rubin | Nossaman LLP on 5/6/2013

An eminent decision out of the Ninth Circuit United States Court of Appeals is not a common occurrence. A Ninth Circuit eminent domain decision dealing with intangible property is even less common. Yet, on April 26, 2013,...more

The Government Of Québec Imposes A Temporary Moratorium On Uranium Exploration And Development

by Ann Bigué, Dominique Quirk | Dentons on 5/3/2013

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

12 Things You Should Know About Private Adoptions In Utah

by Kirton McConkie PC on 5/2/2013

12 THINGS YOU SHOULD CONSIDER IN PRIVATE/INDEPENDENT UTAH ADOPTIONS: 1. Finding a birth mother: Paid facilitators are illegal in Utah. Only licensed agencies may be paid for matching services under Utah law. Even...more

Mining report: PDAC's appeal to B.C.-based mining firms

by Lawson Lundell LLP on 4/30/2013

March saw the annual migration of B.C.-based mining companies to Toronto for the Prospectors and Developers Association of Canada (PDAC) conference and trade show, the world's leading mining convention. The event, now in...more

CFPB issues tribal consultation policy

by Barbara S. Mishkin | Ballard Spahr LLP on 4/26/2013

The CFPB has issued a “Policy for Consultation with Tribal Governments.” The policy sets forth the principles that will guide such consultation, including the CFPB’s commitment “to regular and meaningful consultation and...more

Gaming Legal News - April 24, 2013 • Volume 6, Number 11

by Patrick Sullivan, Dennis J. Whittlesey | Dickinson Wright on 4/26/2013

In This Issue: - THE MASSACHUSETTS MUDDLE: WHAT DOES IT MEAN FOR THE MASHPEE WAMPANOAG? The Mashpee Wampanoag casino project planned for the town of Taunton in southeastern Massachusetts received a major...more

Renewable Energy Update -- April 23, 2013

by William R. Devine, Emily L. Murray, Patrick A. Perry | Allen Matkins Leck Gamble Mallory & Natsis... on 4/25/2013

Renewable Energy Focus - ..Weakest quarter for clean energy investment since 2009, Bloomberg - Apr 14: Global investment in clean energy in the first three months of 2013 was lower than in any quarter for the...more

A Look at the Obama Administration’s Upcoming Hydraulic Fracturing Regulations

by Harmon L. (Monty) Cooper | Sedgwick LLP on 4/23/2013

This spring, the oil industry and environmental groups are expecting the Department of Interior’s Bureau of Land Management (BLM) to issue a revised rule that will regulate hydraulic fracturing (fracking) on federal and...more

Significant Changes Announced for Aboriginal Consultation in Alberta

by Jeremy Barretto, Martin Ignasiak, Suzanne MacMillan | Osler, Hoskin & Harcourt LLP on 4/22/2013

On April 2, 2013, the Government of Alberta released a revised draft of its First Nations consultation policy, corporate guidelines and consultation matrix for review and comment. This policy calls for significant changes to...more

Minefield for the Unwary: Cautiously Optimistic Outlook on Online Gaming Expansion in the United States

by Harsh Parikh, Heidi McNeil Staudenmaier | Snell & Wilmer L.L.P. on 4/19/2013

Gaming operations in the United States have traditionally been supply-side driven. Sheldon Andelson, CEO and Chairman of Las Vegas Sands Corp., recently analogized the industry to the movie Field of Dreams: If you build it,...more

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

by Bart J. Freedman, Benjamin Mayer | K&L Gates LLP on 4/19/2013

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