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
More changes are ahead for entities seeking federal authorization for projects that may impact waters of the United States. On June 9, 2022, the Environmental Protection Agency (“EPA”) published a proposed rule that would...more
With the coal era winding down and renewable energy sources rapidly growing, Arizona offers an attractive market for renewable energy facilities, with plenty of sunshine and even a bit of wind up north. And, despite what you...more
The EPA promulgated, by publication in the Federal Register, the Clean Water Act Section 401 Certification Rule that updates and clarifies the substantive and procedural requirements for water quality certification under...more
Bayer to pay more than $10B to resolve lawsuits over Roundup, PCBs, and Dicamba - Bullet NPR – June 24 - Bayer will pay more than $10 billion to end tens of thousands of lawsuits filed over its Roundup weedkiller, the...more
For the first time in over forty years, the White House Council on Environmental Quality (the “CEQ”) is proposing to revise the National Environmental Policy Act (“NEPA”) regulations. On January 9, 2020, the Trump...more
Since the new legislative session convened in January, congressional leaders and President Trump have repeatedly highlighted the importance of passing legislation to repair our nation’s crumbling infrastructure. ...more
Earlier this week, the U.S. House of Representatives approved S. 245, the Indian Tribal Energy Development and Self-Determination Act Amendments of 2017 (the Bill), which is designed to allow Native American tribes to take...more
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
U.S. Army Corps Stands by Permit for Dakota Access Oil Pipeline - "The U.S. Army Corps said that a permit it granted for the Dakota Access Pipeline last year was environmentally sound, handing a setback to tribal and green...more
Lawmakers have returned from the Memorial Day recess and are facing a packed legislative agenda over the summer. With the announcement this week of a shortened August recess, the Senate will have more time to address...more
This is the sixth issue of WilmerHale's 10-in-10 Infrastructure Series. In this series, our attorneys share insights on current and emerging issues affecting infrastructure project developers in the United States. Attorneys...more
• President Donald Trump on Dec. 22, 2017, signed the Tax Cuts and Jobs Act, the first major overhaul of the U.S. tax system in over 30 years. • Although few of the enacted provisions are specific to Indian Country, several...more
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
On Dec. 14, 2010, President Barack Obama signed the Claims Resolution Act of 2010, which, among other things, settled Cobell v. Salazar for a total of $3.4 billion after 14 years of intense litigation. Of that amount, $1.5...more
In direct response to a Presidential Memorandum issued on October 25, 2017, the Department of Transportation (DOT), in consultation with the Federal Aviation Administration (FAA), announced details of a new pilot program...more
The White House issued a Presidential Memorandum last week directing the Secretary of Transportation to establish an Unmanned Aerial Systems Integration Pilot Program to promote the safe operation of UAS, or drones, in...more
EPA to Restrict Scientific Advisers Who Get Agency Grants - "Pruitt did not say how restrictive the policy would be. But it has the potential to greatly reduce the body of expert scientists who could serve on the boards...more
The Subcommittee on Indian, Insular and Alaska Native Affairs held a July 13 hearing to compare 21st century trust land acquisition practices with the intent of the 73rd Congress in Section 5 of the Indian Reorganization Act...more
As the Trump Administration seeks to promote American energy independence, new funding opportunities for deploying tribal energy projects on tribal lands are now available. These opportunities are the first step by the...more
The Trump Administration has signaled its intent to pull the plug on two rules issued by the U.S. Department of Interior's Bureau of Land Management ("BLM") in 2015 and 2016. Legal and legislative developments over the next...more
The Trump Administration unveiled significant rollbacks in funding for federal agencies when it released its Budget Blueprint to Make America Great Again on March 16, 2017. The President's proposed budget priorities would...more
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
On January 24, the Trump Administration issued one Executive Order and Three Presidential Memoranda that affect energy projects in the United States, including in particular two pipeline projects blocked by the Obama...more
On Oct. 24, 2016, Reuters and Forbes reported that the Navajo Nation, whose reservation is the largest by square miles in the United States, was in the final stages of partnering with CannaNative to grow industrial hemp on...more
President-Elect Donald Trump has officially announced Rep. Ryan Zinke (R-Mont.) as his nominee for Secretary of the U.S. Department of Interior (DOI). During his time in Congress, Zinke has addressed various DOI issues...more