Zoning, Planning & Land Use Indigenous Peoples

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Glendale City Council Softens Stance on Tohono O’Odham Casino

After years of losses in court and an estimated $3 million in legal fees, the Glendale, Arizona City Council appeared to ease its opposition to the location of an Indian casino in Glendale within the Phoenix metropolitan area...more

Gaming Legal News - March 2014 • Volume 7, Number 8

In This Issue: - CASINO LOCATION IMPACTS LONG-TERM SUCCESS: Location, location, location is a well-established mantra in the real estate business. Tribal casinos are not exempt – particularly in California,...more

Peel River Watershed Decision Results In Environment Groups Suing Yukon Government, File No.:99001-100

Nacho Nyak Dun, theTr’ondek Hwech’in (two First Nations), the Canadian Park sand Wilderness Society and the Yukon Conservation Society are suing the Yukon government over the land use plan for the Peel River watershed on the...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

History Repeats Itself At The Mouth Of The Miami River

Ten years ago, attorney Michael Kreitzer represented a developer who was faced with an injunction on its development of a high-rise apartment building on the south side of the Miami River after it was discovered that the...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

Province Ordered to Pay Damages to Timber Company over Aboriginal Road Blockade

On December 23, 2013, the British Columbia Supreme Court (Court) ordered the Province of British Columbia (Province) to pay logging contractor Moulton Contracting Ltd. a sum of $1.75 million in damages for the Province’s...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

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

Obstructive Conduct by Aboriginal Groups May be Regulated by Municipal By-Laws

The decision of the Ontario Court of Appeal in Detlor v. Brantford (City) helpfully addresses the intersection between municipal jurisdiction and constitutional law. In upholding the power of municipalities to pass by-laws...more

Gaming Legal News - November 2013 • Volume 6, Number 26

In This Issue: - CHAUDHURI APPOINTED TO NATIONAL INDIAN GAMING COMMISSION: On September 4, 2013, Jonodev Osceola Chaudhuri, an enrolled member of the Muscogee Creek Nation, was appointed to a three-year term as...more

Bureau of Indian Affairs Finalizes Changes to Land-Into-Trust Procedures in Light of Patchak

In response to last year’s United States Supreme Court case of Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak, 132 S. Ct. 2199 (2012) (“Patchak”), the Bureau of Indian Affairs (“BIA”) issued a final rule on...more

War Games in Wisconsin (2013 Style)

Wisconsin is home to 11 recognized Indian tribes. It is a fact that 11 tribes will not unanimously agree on all issues. It also is a fact that not all issues require unanimous agreement. However, Governor Scott Walker has...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

Land Tenure Risk: Why it Matters for Companies, Investors, and Communities

Two important new reports focus on land tenure conflicts between companies and communities. In September, the Rights and Resources Initiative released a report entitled, “Global Capital, Local Concessions: A...more

Federal Court Makes First Determination Of Compensation For Native Title (Australia)

SUMMARY - On 1 October 2013 in De Rose v State of South Australia [2013] FCA 988, the Federal Court made the first determination of compensation for the extinguishment of native title, in connection with a settlement...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

Fast Food Comes to Indian Country

In-N-Out Burger, the quintessentially Californian burger chain, will open its first restaurant on tribal land in early 2014 at the Morongo Casino on the Morongo Indian Reservation on the heavily trafficked Interstate 10. The...more

“Reservation Shopping” Circa 2013

The term “reservation shopping” has been coined by various anti-casino groups, some local governments, and even some gaming tribes to disparage efforts of non-gaming tribes to acquire lands in trust for gaming. Some of the...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

Gaming Legal News - August 27, 2013 • Volume 6, Number 18

In This Issue: - “RESERVATION SHOPPING” CIRCA 2013: The term “reservation shopping” has been coined by various anticasino groups, some local governments, and even some gaming tribes to disparage efforts of...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

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