Proof in Trial: Appellate Edition: Stand Up for California et al. v. U.S. Department of the Interior et al.
McGirt Uncertainty Extends to Federal Environmental Regulations in Indian Country
Revisiting McGirt: New Legal Developments Challenge Oklahoma’s Landmark Ruling
The Immediate and Lasting Impacts of McGirt: A Novel Ruling for Oklahoma
In the last week of August, the Biden administration finalized protection of 28 million acres of federal land and water in Alaska that is critical for birds, fish, caribou, and the communities that rely on them. That’s an...more
In continuing with the Biden-Harris Administration's goal to combat plastic pollution, on July 19, 2024, the Interagency Policy Committee on Plastic Pollution and a Circular Economy (IPC)1 released a new joint strategy to...more
A U.S. district judge has dismissed claims by Native American tribes and environmentalists who sought to halt construction along part of a $10 billion energy transmission line that will carry wind-generated electricity from...more
As discussed throughout this series, mine permitting in the United States is a complicated process. The permitting authorities are a mix of state and federal agencies, and that mix varies depending on where the mine is...more
For our clients in Indian Country, the recent Executive Order is a welcome development as Tribal Nations plan and allocate funding to future projects. On Dec. 6, during the White House Tribal Nations Summit, President Biden...more
On October 18, 2023, 58 projects across 44 states were awarded funding to strengthen electric grid resilience and reliability as part of President Biden’s Investing in America agenda. The Confederated Tribes of the Warm...more
The Biden administration is putting almost $3.5 billion into improving the strength and resiliency of the U.S. electric grid, government officials said on Wednesday. The money is coming from the Bipartisan Infrastructure Law,...more
President Biden signed the Inflation Reduction Act (IRA) into law on August 16, 2022. While we all await regulatory guidance from agencies charged with implementing the IRA, one thing is abundantly clear: the IRA provides...more
The White House has provided updates on the implementation of the Infrastructure Investment and Jobs Act (Infrastructure Act). Notably, the White House released fact sheets for providing detailed information about announced...more
On January 10, the Biden-Harris Administration released the U.S. National Blueprint for Transportation Decarbonization: A Joint Strategy to Transform Transportation, which is designed to cut all greenhouse emissions from the...more
Recent proposed regulations seek to streamline and reduce costs for tribal land into trust applications and clarify parameters for negotiation and approval of tribal-state gaming compacts. The administrative process by...more
Alaskans should prepare for major changes to the unique legal framework governing tribal lands in Alaska. In mid-November, the U.S. Department of the Interior (DOI) announced that it can acquire lands in trust for Alaska’s...more
[co-author:Leila Fleming] Good evening! This is Akin Gump’s weekly policy newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from this past week and...more
Overview - On November 28, the Department of the Interior’s (DOI) Bureau of Land Management (BLM) released its proposed methane rule. This action furthers the Biden-Harris administration’s whole-of-government response to...more
EPA moves to give states and tribes more power to protect water - Associated Press - June 2 - The U.S. Environmental Protection Agency (EPA) on Thursday proposed to undo a Trump-era rule limiting the power of states and...more
Attorney General Merrick B. Garland and Environmental Protection Agency (EPA) Administrator Michael Regan recently announced a series of significant actions to advance environmental justice. The U.S. Department of Justice...more
In a recent span of thirty days, the U.S. Department of Interior (DOI) and the Biden Administration announced no fewer than seven key policy proposals with the potential to greatly benefit tribes, tribal organizations and...more
President Biden has released a “Rural Playbook” for how the Bipartisan Infrastructure Law (BIL) will invest billions in rural communities. This playbook identifies all of the programs and sources of funding set aside for...more
Earlier this week, President Joe Biden signed the $1.2 trillion Infrastructure Investment and Jobs Act (H.R.3684) into law. On Nov. 5, the House passed the bill by a vote of 228-206. Thirteen Republicans joined most...more
The U.S. Department of the Treasury (Treasury) released its Guidance for the Coronavirus Capital Projects Fund (Capital Projects Fund) for States, territories, and tribal governments, as created by Section 9901 of the...more
In a move that is expected to expand the reach of the Clean Water Act, the US Environmental Protection Agency and the Army Corps of Engineers announced their intent to revise the definition of “waters of the United States”—a...more
Environmental groups sue Army Corps of Engineers over pipeline permitting - The Hill – May 3 - A coalition of five environmental groups on Monday sued the U.S. Army Corps of Engineers (Corps) in federal court in...more
Hundreds of U.S. and European companies and investors urge Biden to hike climate target - Reuters – April 12 - Hundreds of U.S. and European companies and investors, including Walmart, Apple, General Electric, and...more
On March 11, 2021, President Joe Biden signed H.R. 1319, the American Rescue Plan Act of 2021, into law. The $1.9 trillion COVID-19 relief bill, which passed in the U.S. Senate by a narrow 50-49 vote on March 6 and in the...more
President Joe Biden issued a Memorandum on Tribal Consultation and Strengthening Nation-to-Nation Relationships on Jan. 26, 2021, requiring each federal agency to develop a plan of action on how it proposes to engage in...more