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Energy & Utilities Indigenous Peoples

Read need-to-know updates, commentary, and analysis on Energy & Utilities issues written by leading professionals.

Supreme Court of Canada clarifies when regulatory bodies may be relied on to fulfill the Crown’s duty to consult Aboriginal...

by Dentons on

As the Supreme Court of Canada (SCC) explained in Haida and Carrier Sekani, it is open to legislatures to empower regulatory bodies to play a role in fulfilling the Crown’s duty to consult Aboriginal peoples. Carrier Sekani...more

Making a constitutional case out of constructing pipelines

by Dentons on

In recent years, one of the most significant challenges faced by major pipeline projects has been the constitutional question of whether governments have satisfied their duty to consult Aboriginal groups as required by...more

California Governor Signs Climate Change Law Extending the Cap-And-Trade Program Until 2030

by Holland & Knight LLP on

AB 398 passed in both the California State Senate and Assembly with a two-thirds majority of bipartisan lawmakers. It received support from businesses and environmental advocates alike. Governor Jerry Brown signed the bill...more

The National Energy Board's Role in Crown Consultation

by Bennett Jones LLP on

On July 26, 2017, the Supreme Court released two seminal decisions that clarify the role of administrative tribunals, such as the National Energy Board ("NEB"), in fulfilling the Crown’s duty to consult with Indigenous...more

SCC Confirms the Role of Regulatory Tribunals in Aboriginal Consultation

On July 26, 2017, the Supreme Court of Canada (SCC) released two decisions on the role of the National Energy Board (NEB) and other regulatory tribunals in aboriginal consultation: Clyde River (Hamlet) v. Petroleum...more

Funding Opportunities Available for Energy Development on Tribal Lands

by Holland & Knight LLP on

As the Trump Administration seeks to promote American energy independence, new funding opportunities for deploying tribal energy projects on tribal lands are now available. These opportunities are the first step by the...more

Indian Country Should Defend Environmental Protections

Doing exactly what he promised to do throughout his campaign, Donald Trump has been rolling back Obama-era environmental regulations since his first full day in office when he issued an executive order to expedite approval of...more

Canadian Government's Proposal to Reform Canada's Environmental Assessment and Regulatory Regime

by Bennett Jones LLP on

On June 29, 2017, the federal government released a discussion paper entitled "Environmental and Regulatory Reviews" ("Discussion Paper"), which proposes broad changes to the federal environmental assessment and regulatory...more

Treaty Obligations to Protect Fish Habitat From Degradation Upheld

by Perkins Coie on

In July 2016, the U.S. Court of Appeals for the Ninth Circuit held that the state of Washington violated tribal treaty obligations by building and maintaining barrier culverts that block 1,000 linear miles of streams suitable...more

Foley Hoag Releases Summary Report on Good Practices for Oil Pipelines, as Commissioned by the Dakota Access Consortium of Lenders

On May 9, we released a public summary of our report “Good Practice for Managing the Social Impacts of Oil Pipelines in the United States.” The independent report was prepared by Amy Lehr, Cicely Parseghian, and Gare...more

Two Bureau of Land Management Regulations on Life Support Under President Trump

by Jones Day on

The Trump Administration has signaled its intent to pull the plug on two rules issued by the U.S. Department of Interior's Bureau of Land Management ("BLM") in 2015 and 2016. Legal and legislative developments over the next...more

Trump Administration's Budget Blueprint Calls For Significant Impacts to Environmental Programs

by Holland & Knight LLP on

The Trump Administration unveiled significant rollbacks in funding for federal agencies when it released its Budget Blueprint to Make America Great Again on March 16, 2017. The President's proposed budget priorities would...more

Tribes’ Federal Water Rights Include Groundwater—But How Much?

by Stoel Rives LLP on

The Ninth Circuit recently ruled that federal reserved water rights held by Indian tribes extend to groundwater underlying reservation lands. Determining the quantity of that groundwater, however, is reserved for another day....more

US Army Corps of Engineers Updates Five-Year Nationwide Permits – USACE Generally Declines to Apply More Rigorous Limits, but...

by King & Spalding on

On January 6, 2017, the U.S. Army Corps of Engineers (USACE) reissued 52 nationwide permits (NWPs) and issued two new NWPs, along with general conditions and definitions. NWPs are a type of general permit authorized under...more

Economic Conditions, Not Environmental Regulation, to Shutter Arizona Coal Plant 25 Years Sooner Than Expected

by Snell & Wilmer on

In a demonstration that not all regulations solve the problems they were intended to, and a testament to the power of market conditions, owners of the controversial Navajo Generating Station (NGS) power plant near Lake Powell...more

BB&K Represents Water District in Historic Indian Water Rights Settlement

by Best Best & Krieger LLP on

Congress enacted the Pechanga Band of Luiseño Mission Indian Water Rights Settlement Act in late 2016 as part of the Water Infrastructure Improvements for the Nation Act (S.612). The Act, in part, culminates years of...more

EIB Energy Highlights: Dakota Access & Keystone XL Pipelines Revived, FERC on Energy Storage & Pipeline Rates & More

by Moore & Van Allen PLLC on

Our goal is to serve as a leading-edge resource for companies navigating the rapidly evolving landscapes of the domestic and global energy markets. Moore & Van Allen’s EIB Energy Highlights is a complement to our Energy...more

Renewal road-maps—and rhetoric? Top ten developments of 2016 in Canadian Aboriginal law

by Dentons on

Opening against newly-elected Prime Minister Justin Trudeau’s pledge of a “renewed, nation-to-nation relationship with Aboriginal peoples,” 2016 was a year of great expectations for Canadian Aboriginal law....more

Initial Wave of Environmental, Energy Changes Under the Trump Administration

by Holland & Knight LLP on

In the initial week of the Trump Administration, a lot has happened and more changes are planned. Here are the highlights from Week One: Confirmation Hearings - Confirmation hearings were conducted for Scott Pruitt...more

Pierce Atwood Environmental Regulatory Compliance Calendar

by Pierce Atwood LLP on

NEW REGULATORY DEVELOPMENTS - Federal - - Program Requirement Revisions Related to the Public Water System Supervision Programs for Massachusetts, Rhode Island, and Vermont - EPA is giving notice that...more

Federal Appeals Court to Determine Tribal Reserved Rights to Groundwater

by Snell & Wilmer on

The Ninth Circuit Court of Appeals will soon determine whether the Agua Caliente Band of Cahuilla Indians has a federal reserved right to groundwater in a water rights case that could set a precedent for tribes across the...more

DOE Funding Opportunity for Clean Energy Projects in Indian Country

by Holland & Knight LLP on

The U.S. Department of Energy's (DOE) Office of Indian Energy Policy and Programs issued a funding opportunity announcement (FOA) on Nov. 15, 2016, to deploy funds for clean energy and energy efficiency projects in Indian...more

DOE to Deploy Funds for Clean Energy and Energy Efficiency Projects in Indian Country

by Holland & Knight LLP on

The U.S. Department of Energy's (DOE) Office of Indian Energy has announced its Notice of Intent for funding opportunities ranging from $50,000 to $1 million to maximize the development and deployment of clean energy and...more

ND Pipeline Decision: Court Grants TRO to Prevent Indian Nation from Interfering with Construction of Pipelines

On September 13, the U.S. District Court for the District of North Dakota granted a Motion for a Temporary Restraining Order in the matter of Paradigm Energy Partners, LLC v. Fox, et al., prohibiting the defendants from...more

California Environmental Law & Policy Update - September 2016

by Allen Matkins on

Environmental and Policy Focus - Governor Brown and lawmakers reach deal for California climate funds - San Diego Union-Tribune - Aug 31 - California lawmakers on Wednesday approved a $900 million spending...more

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