Zoning, Planning & Land Use, Indigenous Peoples

BLM Issues Revised Proposed Fracking Regulations

by Donald Baur, Barbara Schussman, Nidhi Thakar, Tyler Welti | Perkins Coie on 5/21/2013

The Bureau of Land Management (BLM) has issued a revised proposed rule for regulating hydraulic fracturing—or “fracking.” ...more

Canada’s Supreme Court Requires Aboriginal Groups to Follow Statutory Process

by Elizabeth Coyle, Thoma Gelbman, Maureen Killoran | Osler, Hoskin & Harcourt LLP on 5/17/2013

On May 9, 2013, the Supreme Court of Canada released its decision in Behn v. Moulton Contracting Ltd., 2013 SCC 26, affirming that Aboriginal groups seeking to challenge the validity of permits or authorizations granted to...more

Changes to First Nations Consultation in Alberta

by Wally Braul, Kelly Bray, David Macaulay, Shawn Munro, Cassia Prentice | Bennett Jones LLP on 5/13/2013

On April 2, 2013, Alberta released a draft of The Government of Alberta's Policy on Consultation with First Nations on Land and Natural Resource Management, 2013 (the "Draft Policy"). The Government's deadline for comments on...more

Aboriginal Law – The Crown’s Duty to Consult and the Involvement of Natural Resources Proponents in the Consultation Process

by Anne-Marie Dupont, Simon Ruel | Heenan Blaikie LLP on 5/10/2013

Natural resources proponents are often deeply involved in consultations with Aboriginal communities that may be affected by their projects. How far can the Crown delegate its constitutional duty to consult Aboriginal people...more

Aboriginal Consultation Levy Act Introduced into the Alberta Legislature

by Shawn Denstedt Q.C., Suzanne MacMillan, Terri-Lee Oleniuk | Osler, Hoskin & Harcourt LLP on 5/9/2013

On May 8, 2013, Alberta’s Aboriginal Relations Minister introduced Bill 22, the Aboriginal Consultation Levy Act, into the Legislature in an effort to provide Aboriginal groups in Alberta with the capacity and funding...more

Federal Court Provides Guidance on Adequacy of Consultation About Environmental Assessments of Major Resource Projects

by Jeremy Barretto, Thoma Gelbman, Suzanne MacMillan | Osler, Hoskin & Harcourt LLP on 5/8/2013

On April 23, 2013, the Federal Court of Canada released its decision dismissing an application commenced by the Conseil des Innus de Ekuanitshit (the Applicant) to judicially review the Order in Council (OIC) issued on the...more

Gaming Legal News - April 24, 2013 • Volume 6, Number 11

by Patrick Sullivan, Dennis J. Whittlesey | Dickinson Wright on 4/26/2013

In This Issue: - THE MASSACHUSETTS MUDDLE: WHAT DOES IT MEAN FOR THE MASHPEE WAMPANOAG? The Mashpee Wampanoag casino project planned for the town of Taunton in southeastern Massachusetts received a major...more

Renewable Energy Update -- April 23, 2013

by William R. Devine, Emily L. Murray, Patrick A. Perry | Allen Matkins Leck Gamble Mallory & Natsis... on 4/25/2013

Renewable Energy Focus - ..Weakest quarter for clean energy investment since 2009, Bloomberg - Apr 14: Global investment in clean energy in the first three months of 2013 was lower than in any quarter for the...more

A Look at the Obama Administration’s Upcoming Hydraulic Fracturing Regulations

by Harmon L. (Monty) Cooper | Sedgwick LLP on 4/23/2013

This spring, the oil industry and environmental groups are expecting the Department of Interior’s Bureau of Land Management (BLM) to issue a revised rule that will regulate hydraulic fracturing (fracking) on federal and...more

The Recent “Culvert Decision” in United States v. Washington Is Likely To Have Significant Implications For Governmental and...

by Bart J. Freedman, Benjamin Mayer | K&L Gates LLP on 4/19/2013

On March 29, 2013, United States District Judge Ricardo S. Martinez ordered the State of Washington to replace culverts under State owned roads that block the passage of salmon to critical habitat. The court earlier found...more

US District Court Judge Orders Washington Highway Culverts Opened for Fish Passage

by Lane Powell PC - Environmental Law on 4/11/2013

Federal district court Judge Ricardo Martinez has issued a permanent injunction requiring the Washington State Department of Transportation (“WSDOT”), the Washington State Department of Natural Resources, and the Washington...more

The Alaska Constitution and Alaska Oil and Gas Projects

by Lisa Doehl | Davis Wright Tremaine LLP on 4/10/2013

In the March 29th decision of Sullivan v. Resisting Environmental Destruction on Indigenous Lands (REDOIL), the Supreme Court of Alaska held that the Alaska Constitution requires only one “best interest finding” (that an oil...more

BC and Canada sign MOU on substitution of environmental assessments

by Osler, Hoskin & Harcourt LLP on 3/26/2013

A new agreement between British Columbia and Canada may streamline the environmental assessment (EA) for projects that require both provincial and federal review. The British Columbia Environmental Assessment Office (EAO)...more

Religious Institutions Update: March 2013

by Nathan A. Adams IV, Laura Atherstone | Holland & Knight LLP on 3/21/2013

In this Issue: - Key Cases - Court Upholds Permitting, Licensing and Zoning Regulation of Spiritual Counselors - Non-Liturgical Navy Chaplains Denied Injunctive Relief for Statistical Imbalance in...more

Internet Gaming on Indian Lands

by Jennifer Carleton | Brownstein Hyatt Farber Schreck on 3/7/2013

Originally published in Casino Enterprise Management magazine – March 2013. With no federal Internet gaming bill on the horizon, state legislatures are again focused on whether and to what extent Internet gaming will...more

Rohnert Park Approves Use of Eminent Domain for Street Widening

by Brad Kuhn | Nossaman LLP on 3/4/2013

According to an article in the Press Democrat, Rohnert Park OKs eminent domain at site of future hotel, restaurant, the Rohnert Park City Council recently adopted a resolution of necessity authorizing the use of eminent...more

Gaming Legal News - January 24, 2013 • Volume 6, Number 3

by Patrick Sullivan, Dennis J. Whittlesey | Dickinson Wright on 2/1/2013

In This Issue: - INDIAN COUNTRY AND OBAMA’S CHOICE FOR SECRETARY OF THE INTERIOR: In March, Ken Salazar will leave his well-appointed office at the helm of the Department of the Interior and return to Colorado,...more

Mineral Claims And The Duty To Consult In Yukon

by Brian Abraham | Dentons on 1/24/2013

On December 27, 2012, the Yukon Court of Appeal handed down its decision in Ross River Dena Council v Government of Yukon, 2012 YKCA 14. The decision related to an appeal of Mr. Justice Veale’s decision regarding the claim of...more

Federal Court Extends Federal Jurisdiction to Métis and Non-Status Indians: No Impact to Resource Developers

by Jeremy Barretto, Shawn Denstedt Q.C., Jessica Kennedy, Terri-Lee Oleniuk | Osler, Hoskin & Harcourt LLP on 1/14/2013

A recent Federal Court decision clarifies and extends federal jurisdiction to Métis and non-status Indians. This ruling is significant because there could be broad financial and policy implications for the federal government....more

Top 10 Indian Tribal Tax Developments in 2012 and Priorities for 2013

by Kathleen M. Nilles, Zehava Zevit | Holland & Knight LLP on 1/9/2013

In This Issue: - Fiscal Cliff Concerns: Impact of Expiring Tax Provisions and Rising Tax Rates - General Welfare Tax Planning in the Wake of IRS Guidance Offering Safe Harbors - New Developments in Income from...more

Alberta Court of Appeal Decides Panel Not Required to Determine Adequacy of Crown’s Aboriginal Consultation

by Martin Ignasiak, Jessica Kennedy | Osler, Hoskin & Harcourt LLP on 12/1/2012

On November 26, 2012, the Alberta Court of Appeal released the decision of Justice Slatter denying leave to appeal a decision made by the Joint Review Panel (the Panel) established to evaluate Shell Canada’s application to...more

Focus on Mining: The New Fisheries Act: What Miners Need To Know

by Dentons on 11/8/2012

The repeal and enactment of the Canadian Environmental Assessment Act (“CEAA”) and amendments to other federal legislation is the most significant change in federal environmental assessment (EA) since the legislation was...more

Droit Autochtone – Ententes récentes entre le gouvernement du Québec et les peuples autochtones

by Heenan Blaikie LLP on 11/1/2012

Septembre 2012 — Une entente importante a été signée au cours de l’été entre le Gouvernement du Québec et les Cris relativement à la gouvernance du territoire de la Baie-James. ENTENTE SUR LA GOUVERNANCE DU TERRITOIRE...more

The Amorphous "Unusual Circumstances" Exception to CEQA's Categorical Exemption Strikes Again

by Sheppard Mullin Richter & Hampton LLP on 10/29/2012

Voices for Rural Living v. El Dorado Irrigation District, Super. Ct. No. PC20080398, (Oct. 4, 2012) The recent Voices for Rural Living v. El Dorado Irrigation District case from the California Court of Appeal’s Third...more

White House Announces Expedited Schedule for Renewable Energy Projects

by Burr & Forman on 10/26/2012

On August 7, the White House announced an expedited approval schedule for seven solar and wind projects on federal and tribal lands in Arizona, California, Nevada and Wyoming totaling 5,000 megawatts (MW) of energy-producing...more

Home

Legal News

Find a Lawyer

Browse Subjects

Subscribe

Pro Services

For Reporters

Zoning, Planning & Land Use › Indigenous Peoples