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Indigenous Peoples Updates

Read Indigenous Peoples Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

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

WEB EXCLUSIVE: Supreme Court Review: Mixed Bag For Employers

by Fisher Phillips on

The 2016-17 Supreme Court term was truly a mixed bag for employers. The Court limited presidential power, reined in the appellate courts’ authority to review and overturn trial court decisions regarding EEOC subpoenas,...more

A 6 Step Guide to Tribal Consultation Under CEQA

The California Governor’s Office of Planning and Research recently issued a technical advisory aimed at providing guidelines for consultation with Native American tribes under the California Environmental Quality Act (CEQA),...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

Tribal Self-Governance Under Trump A Common Goal

Tribes are rightly concerned that federal programs benefiting tribal communities may become the target of budget cuts under the Trump administration and the Republican Congress, but tribes should not lose heart quite yet....more

Employment Law Letter - Summer 2017

by Shipman & Goodwin LLP on

How often does the Supreme Court of the United States decide a case that specifically affects a Connecticut employee? And how often are its decisions unanimous? Both occurred recently when the high court reviewed a dispute...more

Ontario Court Overturns Quarry Licence Due to Government Failure to Adequately Consult First Nations

The Ontario Divisional Court (Court) has set aside a quarry licence issued to a private company on the basis that the Ontario government failed to fulfil its constitutional obligation to consult with local First Nations...more

Ninth Circuit Clarifies Tribal Arm Sovereign Immunity Factors

by Stinson Leonard Street on

The Ninth Circuit, in U.S. ex rel. Fawn Cain et al. v. Salish Kootenai College Inc. et al., recently reversed a lower court's dismissal of a False Claims Act lawsuit by former Salish Kootenai College employees. The False...more

Trump Official Provides Insight Into the Administration's Stance on Land-Into-Trust Acquisitions and Its Interpretation of the IRA

by Faegre Baker Daniels on

The Subcommittee on Indian, Insular and Alaska Native Affairs held a July 13 hearing to compare 21st century trust land acquisition practices with the intent of the 73rd Congress in Section 5 of the Indian Reorganization Act...more

Tribal Estate Planning: Nuance and Consequence

by Davis Wright Tremaine LLP on

Simple estate planning is pretty straightforward. There is usually a Last Will and Testament, Power of Attorney, Health Care Directive, and Trust if necessary. But there is a niche practice within estate planning ripe with...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

Implementation of the Housing Choice Voucher Program under the 2017 Appropriations Act

by Ballard Spahr LLP on

On June 28, 2017, HUD issued Notice PIH 2017-10 (HA) (the “Notice”) providing guidance on the implementation of the Housing Choice Voucher (“HCV”) program funding provisions of the Consolidated Appropriations Act, 2017 (the...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

Tribal Tax Parity Legislation Gains Ground in Congress

by Holland & Knight LLP on

In the past month, members of Congress have introduced two important bills that promote parity for tribal governments and their tribal council members. The Tribal Social Security Fairness Act would allow tribal...more

Local Taxes on Non-Indian Possessory Interests in Indian Country OK’d by Court - BB&K Wins Major Victory for Local Agencies...

by Best Best & Krieger LLP on

In a major win affecting counties and local taxing entities throughout California, Best Best & Krieger LLP attorneys Roderick E. Walston and Steven G. Martin helped secure a federal court ruling that possessory interests held...more

B.C. Court Denies First Nations Injunction Request to Stop Development Pending Resolution of Action

On May 31, 2017, the British Columbia Supreme Court (Court) in Yahey v. British Columbia (Yahey) denied a second injunction application by Blueberry River First Nations (BRFN) to limit future development in certain portions...more

OIG Publishes Semiannual Report to Congress

Earlier this month, the Office of the Inspector General for the Department of Health and Human Services (“OIG”) published its Semiannual Report to Congress covering the period from October 1, 2016 to March 31, 2017. The...more

Senate Bill Provides Parity: Tribal Government Regulation of UAS on Tribal Lands

by Holland & Knight LLP on

Sens. Dianne Feinstein (D-Calif.), Mike Lee (R-Utah), Richard Blumenthal (D-Conn.) and Tom Cotton (R-Ark.) on May 25, 2017, introduced the Drone Federalism Act of 2017 to allow any state, local or tribal government to protect...more

Health Alert (Australia) 5 June 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 26 May 2017 - Mrs Nicole Webb v The Trustee for SWC Unit Trust T/A Salisbury Day Surgery [2017] FWC 2573 - Application for relief from...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

Fourth Circuit Affirms Finding That Arbitration Agreement In Payday Loan Obtained Over The Internet Is Unenforceable

by Carlton Fields on

Plaintiff electronically signed a contract which contained: (1) terms governing the loan; (2) an agreement to submit disputes to arbitration; and (3) a choice of law provision which required the application of Otoe-Missouria...more

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