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Offshore Wind Handbook

The U.S. offshore wind market has surged in growth over the last few years, bolstered by the U.S government’s commitment in 2021 to increase offshore wind lease capacity as well as the Biden Administration’s declaration that...more

Building Relationships with Tribes and Operating on Reservation Lands: Lessons From FMC v. Shoshone

Building Relationships with Tribes and Operating on Reservation Lands: Lessons From FMC v. Shoshone - On 11 January 2021, the United States Supreme Court declined a petition to review the Ninth Circuit’s decision in FMC...more

Renewables on Tribal Land: Addressing Environmental and Economic Equity on the Path to a Clean Energy Economy

Demand for renewable energy projects has never been greater. The newest, latest trend is the push for renewable energy projects with positive social impacts and benefits to marginalized communities. Indeed, some of the most...more

Indian Land Then, Remains Indian Land Now: The Supreme Court Confirms That a Significant Portion of Eastern Oklahoma Is a Native...

On July 9, 2020, the United States Supreme Court held in McGirt v. Oklahoma that, for purposes of the Major Crimes Act (MCA), land in eastern Oklahoma reserved for the Creek Nation pursuant to a treaty ratified by Congress...more

Know Your Tribal Counterparty: Tribal Corporations May Be Immune From Suit

Native American tribes are increasingly involved in commerce using corporate entities that are incorporated under either state or tribal law. A recent ruling by the Ninth Circuit makes clear that those corporations may be...more

Washington Supreme Court Clarifies Law on Regulatory Takings

The Washington Supreme Court recently overturned years of precedent and made it more difficult for parties to claim that government regulation has effected an unconstitutional “taking” of their property requiring...more

Washington Attorney General Announces New Policy to Seek Tribes’ Consent

Washington Attorney General Bob Ferguson announced a new policy requiring “free, prior and informed consent” from tribes on Attorney General’s Office (“AGO”) projects or initiatives that could impact tribal interests,...more

SCOTUS Rules that Yakama Treaty Preempts Washington Tax

On March 19, 2019, the United States Supreme Court issued its decision in Washington State Department of Licensing v. Cougar Den, Inc., holding that the right to travel provision of the Yakama’s treaty with the United States...more

Tax Developments Provide Opportunities for Economic Growth in Indian Country

Opportunities for economic growth in Indian country — including the development of retail space, hotels and resorts, energy projects, data farms, and more traditional farming activities, to name a few — are tied to several...more

"Culvert Case" Affirmed

Potential Implications for Northwest Regulators and Private Parties - On June 11, 2018, an equally divided United States Supreme Court affirmed per curiam the Ninth Circuit’s decision in United States v. Washington, known...more

Exploring Tribal Sovereign Immunity with Lewis v. Clarke

The U.S. Supreme Court recently held that tribal employees can be sued in their individual capacities for torts they commit while acting within the scope of their employment. Relying upon cases involving tort suits against...more

Sea Change: Washington Supreme Court Decision Affects Coastal Energy Projects

The Washington State Supreme Court recently held that two oil terminal facility expansion projects, near coastal waters in Washington State, are subject to review under the Ocean Resources Management Act (ORMA). ORMA requires...more

Ninth Circuit Addresses Effect of Removal on Tribal Sovereign Immunity

The Ninth Circuit Court of Appeals (the “Ninth Circuit”) reaffirmed principles of tribal sovereign immunity in a ruling on August 8, 2016. The Ninth Circuit issued an opinion stating that an Indian tribe does not waive its...more

Implications of the Ninth Circuit’s Recent “Culvert Case” for Government and Private Entities Responsible for Conditions that...

The Ninth Circuit Court of Appeals (“Ninth Circuit”) recently affirmed an injunction issued by the District Court for Western District of Washington ordering the State of Washington to repair or replace thousands of State...more

Supreme Court Affirms in Michigan v. Bay Mills Indian Community: Don’t Roll the Dice with Tribal Sovereign Immunity

The U.S. Supreme Court’s recent decision in Michigan v. Bay Mills Indian Community is a reminder to a broad range of entities, including energy companies, financial service providers, and state and local governments, that...more

The Wind River Reservation Treatment-as-State Controversy: How Confusion Undermines Opportunities for Cooperative Governance

Under certain statutes, tribes can exercise civil jurisdiction over non-Indians. For instance, the Comprehensive Environmental Response, Compensation, and Liability Act allows tribes to pursue claims for natural resource...more

Ninth Circuit Decision Creates New Tax Opportunities and Challenges in Indian Country

Since the Supreme Court’s 1973 decision in Mescalero Apache Tribe v. Jones, it has been clear that state and local tax authorities could not assess property tax on permanent improvements located on tribal trust land when...more

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

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

Department of Interior Streamlines Lease Approval Process for Developing Renewable Energy Projects on Tribal Lands

The efficiency and transparency of developing wind and solar energy projects on tribal lands have improved considerably as a result of the recent issuance by the Department of Interior (DOI) of its final rule governing leases...more

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