Zoning, Planning & Land Use Indigenous Peoples

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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

Developer Tips: Top 11 Misperceptions about Section 106 of the National Historic Preservation Act

Section 106 of the National Historic Preservation Act - Even experienced project proponents can get caught off guard by common misunderstandings about cultural resources protection laws. One of the most misunderstood...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

En Banc Ninth Circuit Ruling Restores Certainty to Federal Recognition of "Indian Lands"

On June 4, 2015, the Ninth Circuit Court of Appeals issued its en banc decision in Big Lagoon Rancheria v. California, a case in which Big Lagoon Rancheria, a federally recognized Indian tribe, sought to compel the State of...more

Prisoner in Seventh Circuit to Receive Venison and Religious Headband; Impact of Hobby Lobby and Holt on the Land Use World...

Last week, we reported on a case where the Southern District of Florida decided against the Florida Department of Corrections, finding its refusal to provide kosher meals to inmates violates the Religious Land Use and...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

Senate Holds Hearing on ESA Reform Bills

On May 6, 2015, the Senate Environment and Public Works Committee held a hearing on several Endangered Species Act (ESA) reform bills, including at least three that are similar to bills introduced in 2014 in the House of...more

Saskatchewan Court of Appeal: No Surface Activity Means No Duty to Consult First Nations

In its recent decision in Buffalo River Dene Nation v. Saskatchewan (Energy and Resources), the Court of Appeal for Saskatchewan held that the government was not required to consult the Buffalo River Dene Nation (BRDN) before...more

Tribes in Arizona May Have Opportunity to Participate in State’s Implementation Plan for the EPA Clean Power Plan

Arizona Governor Doug Ducey signed into law SB 1007, which authorizes the state to include tribes in any state plan to implement the U.S. Environmental Protection Agency’s proposed rule to reduce carbon dioxide (CO2)...more

Gaming Legal News: Volume 8, Number 8

The Dance Known as “Texas Two Step” - The two-step is a partner dance, consisting of a “leader” (traditionally a man) and a “follower” (traditionally a woman). The leader determines the movements and patterns of the...more

Court Upholds First Nations’ Right to Bring Claims Based on Interference with Unproven Aboriginal Rights and Title

In its recent decision in Saik’uz First Nation and Stellat’en First Nation v. Rio Tinto Alcan Inc., the Court of Appeal for British Columbia (BCCA) confirmed that First Nations may bring actions against private parties in...more

Duty to Consult Not Triggered for Exploration Dispositions: Saskatchewan Court of Appeal

The grant of exploration dispositions for oil sands located beneath treaty lands did not trigger the Crown’s duty to consult, the Saskatchewan Court of Appeal held recently in Buffalo River Dene Nation v Ministry of Energy...more

Aboriginal Heritage Update: Supreme Court Clarifies Meaning Of 'Sacred Site' In Western Australia

In Robinson v Fielding [2015] WASC 108 the Supreme Court of Western Australia determined that the Aboriginal Cultural Material Committee, the body charged with evaluating the importance of places and objects for the purposes...more

BLM Announces New Hydraulic Fracturing Rules for Oil and Gas Wells on Federal Lands; Industry Trade Associations and the State of...

On March 26, 2015, the U.S. Interior Department's Bureau of Land Management (BLM) published its final rule setting new standards for hydraulic fracturing on onshore federal and Indian lands. The final rule, as published in...more

North Dakota Requests to Intervene in Lawsuit Challenging Federal Fracking Regulations

On Wednesday, April 1, the state of North Dakota filed a motion to intervene in Wyoming’s lawsuit challenging the Bureau of Land Management’s (“BLM”) federal hydraulic fracturing regulations. (Wyoming v. U.S. Dept. of...more

Much Ado About Doing Nothing: DOJ’s Latest Memorandum Cracks Open Door to Marijuana Development on Tribal Lands

In December 2014, the Department of Justice (DOJ) released a policy statement regarding enforcement of marijuana laws in Indian Country. While some media have reported the Department’s statement as carte blanche for tribes to...more

State of North Dakota Intervenes in Wyoming’s and Independent Producers’ Challenge to Hydraulic Fracturing Rule

The state of North Dakota moved to intervene yesterday in the state of Wyoming’s challenge to the Bureau of Land Management’s new hydraulic fracturing regulations. North Dakota—like Wyoming—asserts that the hydraulic...more

BLM Publishes Final Public Lands Fracking Rule, Industry Responds with Lawsuit

The federal Bureau of Land Management (“BLM”), within the Department of the Interior (“DOI”), published their final rule on hydraulic fracturing last Thursday, March 26.  (Hydraulic Fracturing on Federal and Indian Lands, 80...more

BC Court of Appeal Overturns Ruling that BC Government Liable to Logging Company for Failure to Consult

In Moulton Contracting Ltd. v British Columbia, 2015 BCCA 89, the BC Court of Appeal recently overturned the trial judge’s decision (reported at 2013 BCSC 2348, and summarized in an earlier update here) which had awarded...more

Department of Interior Releases Revised Rules on Hydraulic Fracturing on Federal and Indian Lands

A final rule that seeks to address perceived risks associated with hydraulic fracturing was published by the Department of Interior (DOI) in the Federal Register on March 26, 2015. The rule revises existing Bureau of Land...more

BC Supreme Court to Consider Cumulative Impacts of Resource Development on Treaty Rights

On March 3, 2015, Blueberry River First Nation (“BRFN”) sued the Province of BC seeking to break new ground by considering the cumulative impacts of resource development on BRFN’s traditional territory and treaty rights....more

Transgender Native American Prisoner Denied Access to Sweat Lodge and Unsatisfied with the Alternative Sues under RLUIPA: More on...

Corrections Corporation of America (Dist. Idaho 2015) because the decision reflects a recent trend in RLUIPA cases: close judicial scrutiny as to whether a compelling government interest is furthered by “the least restrictive...more

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