Indigenous Peoples Zoning, Planning & Land Use

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

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

Initial Wave of Environmental, Energy Changes Under the Trump Administration

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

Clean Water Act Nationwide Permits Reissued: Permit Streamlining Remains Intact

The U.S. Army Corps of Engineers (Corps) on Jan. 6, 2017, published a final rule reissuing its Clean Water Act Nationwide Permits (NWPs) with some modifications (88 Fed. Reg. 1860). The NWP program authorizes streamlined...more

Pierce Atwood Environmental Regulatory Compliance Calendar

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

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

Governor (Still) Not A Public Agency Subject To CEQA, Holds Third District In Indian Gaming Case

The Federal Indian Gaming Regulatory Act (“IGRA”; 25 U.S.C. § 2701 et seq.) allows gaming on Indian lands acquired by the Secretary of the Interior (Secretary) in trust for a tribe’s benefit after October 17, 1988, if, among...more

Gubernatorial Action that has Land Use Consequences is not a an Illegal Exercise of Legislative Power

On October 13, 2016, the Court of Appeal for the Third Appellate District affirmed a trial court’s decision to grant a demurrer filed on behalf of Governor Jerry Brown following his concurrence with the Secretary of the...more

California Environmental Law & Policy Update - September 2016

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

Court Decisions Define the Future for Tribal Gaming

Definitions and syntax. Not only on middle school quizzes, but also what determined the fate of the Mashpee Wampanoag and Cowlitz tribal casinos in Massachusetts and Washington, respectively. Two federal court decisions...more

Court Decision Dismisses Challenge to Gun Lake Band’s Trust Land

Last Friday, July 15, the D.C. Circuit Court of Appeals affirmed the constitutionality of the Gun Lake Trust Land Reaffirmation Act. Because the Court agreed with the D.C. District Court's finding of constitutionality, it...more

Controversy Over Interior’s Trust Authority in Alaska Remains Unresolved

A majority panel of the U.S. Court of Appeals for the District of Columbia Circuit recently dismissed the State of Alaska’s challenge to the U.S. Secretary of the Interior’s authority to acquire land in trust for Alaska...more

Court Rules BLM Had No Authority To Regulate Fracking On Federal and Native American Lands

In March 2015, the Bureau of Land Management (“BLM”) issued regulations applying to hydraulic fracturing on federal and Indian lands. 80 Fed. Reg. 16,128–16,222 (Mar. 26, 2015) (the “Fracking Rule”). The states of Wyoming,...more

Ninth Circuit Rules Tribal Treaty Rights Obligate State to Ensure Harvestable Fish Are Available

Last week, 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

Wyoming Federal Court Strikes Down BLM Fracking Rule

U.S. District Court Judge Scott Skavdahl in State of Wyoming et al v. U.S. Department if Interior et al. struck down Bureau of Land Management regulations applying to hydraulic fracking on federal and Indian lands. He...more

Wyoming Court Strikes Down BLM Hydraulic Fracturing Rule; Existing Appeal Remains Pending (For Now)

As we’ve previously reported, a Wyoming federal court issued a preliminary injunction order last year that temporarily halted the Bureau of Land Management’s (BLM) final rule regulating hydraulic fracturing on public lands. ...more

Court Strikes Down BLM Hydraulic Fracturing Rule

US District Court rejects US Bureau of Land Management’s rule regarding hydraulic fracturing operations on federal and Tribal lands. On June 21, 2016, the US District Court for the District of Wyoming (District Court)...more

Ninth Circuit Holds National Indian Gaming Commission Not Required to Conduct NEPA Review Before Approving Casino Gaming Ordinance

In Jamul Action Committee v. Chaudhuri, the United States Court of Appeals for the Ninth Circuit held that the National Indian Gaming Commission (Commission) did not violate the National Environmental Policy Act (NEPA) when...more

Ontario Releases Official Climate Change Action Plan

The Ontario government has officially released Ontario’s Five Year Climate Change Action Plan 2016-2020. The proposed Climate Change Action Plan was leaked three weeks ago and the officially released version is...more

The Pursuit For An Island Casino

The Wampanoag Tribe of Gay Head (Aquinnah) continues its efforts to add casino bingo to the summer getaways and lobster rolls on Martha’s Vineyard. In November 2015, Massachusetts, the town of Aquinnah, and the Aquinnah/Gay...more

Recent Developments in the Gold King Mine Spill

On Tuesday, May 4, 2016, the U.S. Senate Committee on Indian Affairs chair, Sen. John Barrasso (R-WY), and committee member, Sen. John McCain (R-AZ) formally requested a federal criminal investigation into the Gold King Mine...more

EPA's Proposed Water Quality Standards Rule Applicable to Maine

On April 20, 2016, the Environmental Protection Agency (EPA) proposed federal water quality standards that would apply to certain waters in Maine in place of existing Maine standards that EPA has disapproved. The proposed...more

Massachusetts Gaming Update: Commission Rejects Application for Resort Casino in Brockton

The wait is over and the decision is in. On Thursday, April 28, the Massachusetts Gaming Commission voted 4-1 against awarding a commercial license to Mass Gaming & Entertainment, LLC to build a resort casino in Brockton....more

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

On Your Mark, Get Set, Build!

It has been nearly five years since Massachusetts legalized casino gambling, but the state is still without an operating resort casino. The Mashpee Wampanoag Tribe, MGM Resorts International, and Wynn Resorts are all chomping...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

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