Indigenous Peoples Zoning, Planning & Land Use Energy & Utilities

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Alberta’s Metis Consultation Framework

On April 4, 2016, the Government of Alberta (“GoA”) released The Government of Alberta’s Policy on Consultation with Metis Settlements on Land and Natural Resource Management, 2015 (the “Policy”) as well as The Government of...more

Current Developments Affecting Hydraulic Fracturing Operations (April 2016)

The new year brought with it several noteworthy developments in the fracking world. These include: a new lawsuit in connection with the Keystone Pipeline; legal action against the Department of Interior (“DOI”) Federal Bureau...more

Court Holds that the Bureau of Indian Affairs is Not Obligated to Ensure Migratory Bird Treaty Act or Bald and Golden Eagle...

On March 29, 2016, the U.S. District Court for the Southern District of California granted summary judgment in favor of the Bureau of Indian Affairs (“BIA”) in a lawsuit involving the grant of a lease to Tule Wind, LLC for...more

Supreme Court to Hear Appeals on Role of Tribunals in Duty to Consult

The Supreme Court of Canada (SCC) has granted leave to appeal in two cases concerning the ability of a regulatory tribunal to discharge the Crown’s duty to consult. In Hamlet of Clyde River v. TGS-NOPEC Geophysical...more

Environmental, Regulatory and Aboriginal Developments in the Canadian Energy Sector: Federal Government Announces Interim Measure...

On January 27, 2016, the Government of Canada (“GOC”) introduced interim measures for pipeline reviews. The new GOC made an election promise to overhaul the current regulatory system for major natural resource projects....more

Northern Gateway: British Columbia must Issue its Own Approval and Consult with First Nations

In Coastal First Nations v British Columbia (Environment), 2016 BCSC 34, the Court decided British Columbia must issue its own environmental decision and consult First Nations on the Northern Gateway Project (NGP), instead of...more

Suspension of coal leasing

The United States Department of the Interior has announced a temporary suspension of coal leasing on public lands pending a comprehensive review of the federal coal program by the Bureau of Land Management (BLM).  Public...more

Interior's Proposed Rule on Flaring Would Restrict Oil and Gas Development on Tribal Lands

The U.S. Department of the Interior (DOI), on Jan. 22, 2016, proposed a rule developed by the Bureau of Land Management (BLM) that would limit the flaring, leaking and venting of natural gas on public and tribal lands....more

Department of the Interior Releases Proposed Rule to Reduce Waste of Natural Gas

Advances in oil and gas production technology, such as horizontal drilling and hydraulic fracturing, have dramatically increased the production of oil and gas in the United States by unlocking shale gas and other resources...more

Utah Congressmen Unveil Landmark Public Land Bill

On January 20, Congressmen Rob Bishop and Jason Chaffetz unveiled a “discussion draft” of the Utah Public Lands Initiative Act. The proposed bill undertakes the difficult task of balancing economic development and...more

B.C. Has Authority to Impose Conditions on Northern Gateway Pipeline

In its recent decision in Coastal First Nations v. British Columbia (Environment), the B.C. Supreme Court (Court) held that the provincial government retains authority to impose conditions on the proposed Northern Gateway...more

First Nations Must Show Specific Impact on Rights to be Entitled to Pursue a Regulatory Appeal

The Alberta Court of Appeal, in O’Chiese First Nation v Alberta Energy Regulator, dismissed two applications by the O’Chiese First Nation seeking permission to appeal decisions by the Alberta Energy Regulator (AER) approving...more

BIA Finalizes Reforms for Obtaining Rights of Way on Indian Lands

On November 19, the Bureau of Indian Affairs (BIA) published a final rule that makes sweeping changes to the process for obtaining rights of way for proposed oil and gas pipelines, electric transmission lines, railroads,...more

Failing on the Big Stage: Another Attempt to Regulate Fracking Falls Short

In March 2015, the U.S. Department of the Interior (DOI) became the most prominent governmental entity to join in on the attempts to regulate hydraulic fracturing, or fracking. More specifically, the DOI’s sweeping...more

Alberta Court Strikes Out Pleadings Challenging Validity of Oil and Gas Permits

A challenge to the validity of oil and gas permits outside the judicial review process is a collateral attack and will be struck, the Alberta Court of Queen’s Bench held recently in Ominayak v Penn West Petroleum Ltd, 2015...more

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

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. New Interim DEP Commissioner - On Tuesday, September 8, at 4:30 pm Avery Day was sworn in as...more

From Playa Lakes To Prairie Potholes: Four Things Energy Companies Need to Know About the WOTUS Rule

Have one or several playa lakes on or near a well pad in the Permian Basin? An access road nearby an ephemeral tributary of the Green River in the Uintah Basin? A pipeline that traverses lands dotted with prairie potholes in...more

D.C. District Court Judge Chastises the Department of the Interior, Ordering It to Deliver a Plan on a BLM Drilling Permit, After...

On July 27, 2015, D.C. District Court Judge Richard J. Leon entered a strongly worded order in Solenex LLC v. Jewell, chastising the defendants, including the Department of the Interior and numerous other federal agencies,...more

BLM Responds To Ute Indian Tribe’s Injunction Motion In Fracking Rule Litigation

Following a court hearing and order temporarily delaying the Bureau of Land Management’s (BLM) final rule regulating hydraulic fracturing on federal public lands, the BLM submitted its response brief opposing the Ute Indian...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

Yet Another Lawsuit Seeking to Limit California Oil Development

The clamor over hydraulic fracturing continued Wednesday as environmental activists filed another lawsuit to limit oil and gas development in California. The lawsuit, filed by Earthjustice on behalf of the Center for...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

No Aboriginal Title Required: BC Court of Appeal Allows First Nations’ Civil Claim Against Alcan to Proceed

On Wednesday April 15, 2015, the BC Court of Appeal released its decision in Saik’uz First Nation and Stellat’en First Nation v. Rio Tinto Alcan Inc. In its decision, the court allowed the claims of the plaintiffs Saik’uz...more

Independent Producers Seek To Halt Federal Hydraulic Fracturing Rule - BakerHostetler Files Injunction in Federal Court; Motion...

DENVER, May 15, 2015 — BakerHostetler today filed a request for preliminary injunction against the final rule the Bureau of Land Management (BLM) issued to regulate hydraulic fracturing on federal and Indian lands. The motion...more

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