News & Analysis as of

National Environmental Policy Act Native American Issues

Nossaman LLP

National Oceanic and Atmospheric Administration to Release Plans for Chumash Heritage National Marine Sanctuary

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The National Oceanic and Atmospheric Administration (NOAA) anticipates releasing the Draft Designation Documents for the proposed Chumash Heritage National Marine Sanctuary. A draft proposed rule and management plan for...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

Perkins Coie

Ninth Circuit Upholds BIA Approval of Southern California Wind Energy Project

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The U.S. Court of Appeals for the Ninth Circuit has upheld the approval of a utility-scale wind facility in California, rejecting claims that the Bureau of Indian Affairs violated the National Environmental Policy Act and the...more

Akin Gump Strauss Hauer & Feld LLP

American Indian Law and Policy: 10 Things You Need to Know - January 2018

January 2018 marked the beginning of year two of the Trump Presidency and the second session of the 115th Congress. Congress came back into session on January 3 after recessing for the December holidays. With the passage of...more

Cadwalader, Wickersham & Taft LLP

Court Declines to Vacate Environmental Assessment of Dakota Access Pipeline, Permitting Oil to Flow during Remand

On October 11, 2017, the United States District Court for the District of Columbia declined to vacate the U.S. Army Corps of Engineers’ (“Corps”) Environmental Assessment (“EA”) of the Dakota Access Pipeline while the agency...more

Kilpatrick

The Department of the Interior Proposes Additional Regulatory Hurdles to Restoring Tribal Homelands

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On October 4, the Acting Assistant Secretary – Indian Affairs proposed substantial changes to the current land into trust process by circulating a Consultation Draft to Tribal leaders. This new proposal impacts every Tribe....more

Schwabe, Williamson & Wyatt PC

Schwabe Defends Tribal Sovereignty

The trial team of Brien Flanagan, Aukjen Ingraham and Sarah Lawson successfully stood up to outside parties attempting to interfere in the Navajo Nation’s economic activity. Federal Judge Steven Logan granted the Navajo...more

Sheppard Mullin Richter & Hampton LLP

FCC Vows Its Never Gonna Give Up On Bridging Digital Divide: Opens Rulemakings To Promote Access To Broadband Infrastructure

At the end of March, new FCC Chairman Ajit Pai branded April “Infrastructure Month.” He paired this declaration with the announcement of a comprehensive agenda aimed at tackling a host of infrastructure-related challenges...more

Holland & Knight LLP

Clean Water Act Nationwide Permits Reissued: Permit Streamlining Remains Intact

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The U.S. Army Corps of Engineers (Corps) on Jan. 6, 2017, published a final rule reissuing its Clean Water Act Nationwide Permits (NWPs) with some modifications (88 Fed. Reg. 1860). The NWP program authorizes streamlined...more

Nossaman LLP

Court Holds that the Bureau of Indian Affairs is Not Obligated to Ensure Migratory Bird Treaty Act or Bald and Golden Eagle...

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On March 29, 2016, the U.S. District Court for the Southern District of California granted summary judgment in favor of the Bureau of Indian Affairs (“BIA”) in a lawsuit involving the grant of a lease to Tule Wind, LLC for...more

Kelley Drye & Warren LLP

Federal Energy Legislative Update

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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

BakerHostetler

D.C. District Court Judge Chastises the Department of the Interior, Ordering It to Deliver a Plan on a BLM Drilling Permit, After...

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On July 27, 2015, D.C. District Court Judge Richard J. Leon entered a strongly worded order in Solenex LLC v. Jewell, chastising the defendants, including the Department of the Interior and numerous other federal agencies,...more

Stoel Rives LLP

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

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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

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