Indigenous Peoples Energy & Utilities

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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

Bureau of Land Management to Focus Anew on Venting and Flaring on Federal and Indian Lands

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

Fish And Wildlife Service Considers Increased Regulation Of Oil And Gas In Refuges

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

Alberta Court Grants Six-Month Injunction Against Lubicon Blockade

On December 16, 2013, the Alberta Court of Queen’s Bench granted a six-month injunction in favour of Penn West Petroleum Ltd., authorizing the RCMP to remove a road blockade erected by individuals associated with Bernard...more

Alberta Court Grants Order Under Public Lands Act Halting Lubicon Blockade

On December 16, 2013, the Alberta Court of Queen’s Bench granted a long-term Order to Penn West Petroleum Ltd. prohibiting several members of the Lubicon Lake Cree from continuing to blockade a permitted access road in the...more

Adoption Of Bill 70 Amending The Mining Act: Overview Of Amendments

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

Adoption Of Bill 70, An Act To Amend The Mining Act: Amendments Relating To Native Communities And Reactions Of Those Communities

On last December 10th, the National Assembly of Québec adopted Bill 70, An Act to amend the Mining Act (“Bill 70”). The adoption of Bill 70 came in the wake of three aborted attempts to modify Quebec’s mining regime in recent...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

Tighter Regulations Amid the Fracking Fray: The Bureau of Land Management’s proposals could affect production on 700 million acres...

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

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

Envirnomental Regulatory Update: Environmental Progress & Sustainable Energy - Volume 32, Issue 3 - October 2013

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

Alberta's Policy on Consultation with First Nations on Land and Natural Resource Management, 2013

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

New Mining Act: A Detailed Review

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

House Committee Advances Bill to Override BLM Fracking Regulations in Favor of State Rules

Last Week, the U.S. House of Representatives’ Natural Resources Committee advanced a bill that would require the Department of Interior (DOI) to defer to state rules regulating hydraulic fracturing on federal lands. HR 2728,...more

Tax Issues on the Navajo Nation

Recent Updates - Effective January 1, 2013, the Sales Tax for goods and services delivered on the Navajo reservation increased from 4% to 5% of gross receipts. Services are so broadly defined that, unlike many states,...more

Posed Amendments To The Yukon Quartz Mining Act And Placer Mining Act

As a result of the Ross River Dena lawsuit against the Yukon Government with respect to consultation on the granting of rights to miners to conduct work without consulting and accommodating First Nations, the Yukon Court of...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

ICMM Releases Position Statement on Indigenous Peoples Establishing Commitment to FPIC

The International Council of Mining & Metals (“ICMM”) recently released a position statement on indigenous peoples and mining that explicitly requires its 22 member companies to work to obtain the free, prior, and informed...more

BLM Revises Proposed Rule on Hydraulic Fracturing

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

BLM Issues Revised Proposed Fracking Regulations

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

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

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

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

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

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

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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