Tribal Lands

News & Analysis as of

Bureau of Indian Affairs New Rights-of-Way Rules Provide Clarity and Certainty to Communications Providers

With both Congress and the Administration focused on streamlining federal permitting and promoting Dig Once policies, the Department of Interior’s Bureau of Indian Affairs (BIA) published updated rules for access to...more

Varnum Marks Native American Heritage Month

This November marks the 25th anniversary of Native American Heritage Month, originally declared in 1990 by President George H.W. Bush. This month we also recognize the 25th anniversary of the Native American Graves Protection...more

Sen. Barrasso Introduces Carcieri Compromise Bill

More than six years after the U.S. Supreme Court’s decision in Carcieri v. Salazar, Sen. John Barrasso (R-Wyoming), the chairman of the Senate Committee on Indian Affairs, has introduced the “Interior Improvement Act” to fix...more

Is There a New War on Indian Country?

Over the past week, two proposals have surfaced that could have profound impacts on Indian Country, and they likely would not be for the better. The first proposal surfaced on October 20 when a Utah congressman...more

Do You Dare to Flare? A North Dakota Field Office Provides a View Into the Federal Regulatory Future

While high-profile regulatory efforts focused on hydraulic fracturing, waters of the United States, sage grouse, and greenhouse gas emissions have grabbed media headlines over the last several months, a potent stew of...more

EIB Energy Highlights: SCOTUS on FERC, Nat Gas Record Year, Oil & Gas Exports, Winter Outlook, Cybersecurity & 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

SCC Denial of Leave Allows First Nations to Pursue Claims Prior to Proving Aboriginal Title

The Supreme Court of Canada recently denied applications for leave to appeal in Saik’uz First Nation and Stellat’en First Nation v Rio Tinto Alcan Inc., 2015 BCCA 154 (Saik’uz), and Iron Ore Company of Canada. v Uashaunnuat,...more

Energy & Environment Update - October 2015 #3

Energy and Climate Debate: Congress returns from the Columbus Day holiday this week to full schedules in both chambers, including several energy and environment hearings of interest. In the meantime, the Obama...more

Renewable Energy Update - October 2015 #3

Renewable Energy Focus - Attractive PPA prices will keep U.S. utility-scale solar power strong: Solar Industry Magazine - Oct 13: Reports of the death of utility-scale solar in the U.S. have been greatly exaggerated. A...more

Federal Energy Legislative Update

There has been recent action in Congress on issues important to the oil and gas industry. This post provides an overview of the major energy-related bills in Congress. H.R. 538, the Native American Energy Act – On...more

Energy & Environment Update - October 2015 #2

Energy and Climate Debate - Congress is in recess this week for the Columbus Day holiday, but will return next week with full schedules in both chambers. The House will focus heavily on the leadership race to...more

CFPB Online Loan Suit Sent to California

In the most recent development in the CFPB’s two-year-old lawsuit alleging unfair, deceptive, and abusive practices by several online lenders, on September 23, 2015, Massachusetts U.S. District Judge George O’Toole, Jr.,...more

Energy Technology Connections Newsletter: Your Law Firm Link to Industry News - October 2015

A Note from the Editors - Our October edition of Energy Technology Connections brings you recent industry highlights, the latest news from Capitol Hill, and a list of upcoming energy industry events. In Leaders in the...more

Alberta Court Strikes Out Pleadings Challenging Validity of Oil and Gas Permits

A challenge to the validity of oil and gas permits outside the judicial review process is a collateral attack and will be struck, the Alberta Court of Queen’s Bench held recently in Ominayak v Penn West Petroleum Ltd, 2015...more

Supreme Court Update: Maryland V. Kulbicki (14-848) And Order List

… und willkommen zurück! Oktober Term 2015 kicks off today with argument in OBB Personenverkehr AG v. Sachs (13-1067), a case which explores the contours of the commercial-activity exception to the Foreign Sovereign...more

Federal Judge Grants Preliminary Injunction Blocking Enforcement of New BLM Hydraulic Fracturing Rules

On September 30, 2015, the U.S. District Court for the District of Wyoming granted a motion for a preliminary injunction preventing enforcement of the U.S. Bureau of Land Management’s (BLM) recently issued hydraulic...more

BREAKING: Wyoming Federal Court Halts Implementation Of Public Lands Hydraulic Fracturing Rule

Late yesterday, Judge Scott Skavdahl of the federal district court in Wyoming issued a much-anticipated order granting a series of preliminary injunction motions filed in litigation challenging the Bureau of Land Management’s...more

North Carolina Legislative Report

The General Assembly convened for the 2015 legislative session on January 14. Lawmakers returned to Raleigh on January 28 to begin the session in earnest. The MVA Public Affairs Legislative Report on North Carolina will be...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. New Interim DEP Commissioner - On Tuesday, September 8, at 4:30 pm Avery Day was sworn in as...more

Energy & Environment Update - September 2015 #2

Energy and Climate Debate: We are half way through a busy September, and Congress will focus much of the rest of the month on a continuing resolution. Energy and climate issues will garner some attention in committee...more

EPA’s Clean Power Plan: A Regional Analysis

EPA’s recently issued Clean Power Plan (“CPP” or “Plan”) affects every state differently. The Plan has a decidedly nationwide impact—reducing the United States’ power plant greenhouse gas emissions 32 percent by the year...more

U.S. EPA Proposes New Rules on Air Emissions from the Oil and Gas Sector: Impacts to Owners and Operators

On August 18, 2015, the U.S. Environmental Protection Agency (EPA) issued a suite of proposed actions affecting the oil and gas industry. EPA’s proposed Clean Air Act rules address methane emissions from new and modified...more

From Playa Lakes To Prairie Potholes: Four Things Energy Companies Need to Know About the WOTUS Rule

Have one or several playa lakes on or near a well pad in the Permian Basin? An access road nearby an ephemeral tributary of the Green River in the Uintah Basin? A pipeline that traverses lands dotted with prairie potholes in...more

CEQA Takes Closer Look at Native American Cultural Resources

Projects statewide will now be subject to further examination to ensure potentially significant impacts to California’s Native American historic, cultural and sacred sites are mitigated. Assembly Bill 52 adds new requirements...more

Supplement — Curtin’s California Land Use

This Supplement is intended for use in conjunction with Curtin’s California Land Use & Planning Law, Thirty-Fourth Edition (2014), authored by Perkins Coie attorneys Cecily Talbert Barclay and Matthew S. Gray. In lieu of...more

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