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Oil & Gas Native American Issues

Womble Bond Dickinson

Free, Prior, and Informed Consent & Indigenous Consultation in Mining Development

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This series has surveyed a breadth of permitting reform issues, most recently regarding tribal consultation within the United States. International mineral development permitting in or near areas of indigenous cultural and...more

Morgan Lewis - Power & Pipes

FERC Modifies Water Quality Certification Waiver Period for Gas Projects

FERC issued a final rule on March 18 amending its regulations to establish a one-year period for state agencies or other certifying authorities to act on requests for water quality certifications required for a certificate of...more

Morgan Lewis - Power & Pipes

The Hits Keep Coming: DC Circuit Vacates Dakota Access Pipeline’s Federal Easement

It’s been a difficult several days for the oil industry. First, the Biden administration revoked the border-crossing permit for the Keystone XL pipeline on January 20. Another executive order, among other things, directed the...more

Morgan Lewis

Energy and Climate Update: Day 1 of Biden’s Presidency

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As the 46th president of the United States, Joe Biden took significant steps on his first day in office to advance the energy and climate initiatives of his administration. This LawFlash provides a brief summary of several...more

Bradley Arant Boult Cummings LLP

Half of Oklahoma is Now Likely Within a Native American Reservation, What Does This Mean for Your Project?

It is rare for the holding in a single criminal case to have such far-reaching implications that it affects nearly every industry in a particular state. But that is what happened on July 9, 2020, when the United States...more

Hicks Johnson

Oklahoma Oil and Gas Business Braces for Change in Wake of Supreme Court Decision

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On July 9, 2020, the Supreme Court issued its opinion in McGirt v. Oklahoma, ruling that most of the eastern half of Oklahoma is an Indian reservation. While the decision ostensibly resolves a jurisdictional challenge to a...more

Troutman Pepper

Ninth Circuit Orders Enjoinment of Oil and Gas Line Construction Proceeding Under Nationwide Water Permit 12

Troutman Pepper on

N. Plains Res. Council v. United States Army Corps of Eng’rs, No. 4:19-cv-00044-BMM, 2020 BL 35412 (9th Cir. May 14, 2020) - Oil and gas pipeline construction may no longer proceed under Nationwide Water Permit 12 (“NWP...more

Hogan Lovells

Suspensions of federal and Indian oil and gas leases

Hogan Lovells on

With storage pressure and pandemic-reduced demand driving oil prices into freefall, lessees of federal and Indian lands may consider turning to the Bureau of Land Management (BLM) and Bureau of Indian Affairs (BIA) procedures...more

Flaster Greenberg PC

Canada's Rail System Shuts Down Over Gas Pipeline Protest - Will The United States Be Next?

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People in the United States who wonder how far pipeline protests can go, and how disruptive they can be, need only look north to Canada. As this article is written, much of the national Canadian rail system has been shut down...more

White & Case LLP

Summary of FERC Meeting Agenda for October 17, 2019

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Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission's October 17, 2019 meeting, pursuant to the agenda as issued on October 10, 2019. Agenda items E-5, E-15, and E-23 have not been...more

Pierce Atwood LLP

EPA Issues Proposed Rule Updating Regulations on CWA Water Quality Certifications

Pierce Atwood LLP on

On August 8, 2019, the U.S. Environmental Protection Agency (EPA) issued a proposed rule to update regulations implementing Section 401 of the Clean Water Act (CWA). The rule was proposed in response to President Trump’s...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - April 2019 #3

Trump Signs Orders to Speed Up Oil and Gas Pipeline Construction - "President Trump signed two executive orders that he says will speed up construction of pipelines and other projects to enhance the production and...more

Kilpatrick

Trump’s Tribal Agenda – The Warning Lights Are Flashing

Kilpatrick on

Assistant Secretary Tara Sweeney joined the Department of the Interior a few weeks ago and inherited a tribal agenda that has sent shockwaves through tribal communities. In the first days of his administration, President...more

Holland & Hart LLP

Ute Indian Tribe Asserts Ownership of All Federal Lands in the Uncompahgre Reservation

Holland & Hart LLP on

On March 8, 2018, the Ute Indian Tribe of the Uintah and Ouray Reservation (the "Tribe") filed a lawsuit in the United States District Court for the District of Columbia against the United States, the Department of the...more

Blake, Cassels & Graydon LLP

B.C. Court Decision Provides Example of the State of Indigenous Law in Canada

Court decisions can often provide learning opportunities — they establish legal principles, apply those principles to certain facts, and illustrate relative trends, or stability, in the law. The recent decision of the B.C....more

Kilpatrick

DOI's Royalty Policy Committee Could Bring Trust Reform

Kilpatrick on

In the summer of 2015, I stood along a rural highway in Caddo County, Oklahoma, with a young Kiowa allottee. He showed me the allotment that had been in his family for generations — ever since Congress, with the endorsement...more

Allen Matkins

California Environmental Law & Policy Update - December 2017 #2

Allen Matkins on

Lawsuit challenges President’s authority to shrink Bears Ears National Monument - The Salt Lake Tribune - Dec 7 A coalition of American Indian tribes, recreation interests including the outdoor clothing manufacturer...more

Akin Gump Strauss Hauer & Feld LLP

American Indian Law and Policy: 10 Things You Need to Know - December 2017

Congress returned from the Thanksgiving holiday with an intense workload that must be completed by the end of the year. Tax reform remains a focus, and the Republican-controlled Congress is still committed to getting a final...more

Kilpatrick

DOI Actions Underscore Need For Tribal Consultation

Kilpatrick on

At this point in the Obama administration eight years ago, Secretary Ken Salazar was clear on his commitment to restoring tribal homelands. Embracing his trust and treaty responsibilities, Secretary Salazar left no ambiguity...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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Despite a stronger global economic outlook than we’ve seen in years, the world’s central bankers appear loath to let go of stimulus measures while lower-than-expected inflation bedevils them....more

Hogan Lovells

The Federal Energy Regulatory Commission Issues Guidelines for Reporting on Cultural Resources Investigations for Natural Gas...

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The Federal Energy Regulatory Commission (FERC), Office of Energy Projects, recently issued its Guidelines for Reporting on Cultural Resources Investigations for Natural Gas Projects (Guidelines)....more

Foley Hoag LLP - Global Business and Human...

Foley Hoag Releases Summary Report on Good Practices for Oil Pipelines, as Commissioned by the Dakota Access Consortium of Lenders

On May 9, we released a public summary of our report “Good Practice for Managing the Social Impacts of Oil Pipelines in the United States.” The independent report was prepared by Amy Lehr, Cicely Parseghian, and Gare...more

Robins Kaplan LLP

Your Daily Dose of Financial News

Robins Kaplan LLP on

Eddie Lampert’s Sears mega-gamble appears to finally be catching up with him. Or the store, at least. Mr. Lampert, it seems, will come out not as worse for the wear as one might have expected....more

Snell & Wilmer

Economic Conditions, Not Environmental Regulation, to Shutter Arizona Coal Plant 25 Years Sooner Than Expected

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In a demonstration that not all regulations solve the problems they were intended to, and a testament to the power of market conditions, owners of the controversial Navajo Generating Station (NGS) power plant near Lake Powell...more

Holland & Knight LLP

Initial Wave of Environmental, Energy Changes Under the Trump Administration

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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

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