Snatching Air Permitting Certainty from the Jaws of Tribal NSR Rule Vacatur...
The recent decision of the D.C. Circuit in Oklahoma DEQ v. EPA vacated the 2011 Tribal NSR Rules with respect to non-reservation lands for which EPA has not made a prior determination of tribal...
View ArticleCSK Tribes to Acquire Kerr Dam in Montana
Last month, after 30 years of negotiations between the parties, an arbitration decision set the price to be paid by the Confederated Salish Kootenai Tribes (CSK) to PPL Montana to acquire the Kerr Dam....
View ArticleThe Wind Beneath My Wings: An Eagle Feather’s Tale
Storms, strong winds and tornados usher in spring in Oklahoma. Home to 38 federally recognized Indian Tribes, feathers often fly at Oklahoma graduations. A few high schools each spring face off with...
View ArticleContracting for Original and Renewal of Pipeline Right-of-Ways on Tribal and...
The Department of the Interior’s Bureau of Indian Affairs (BIA) has promulgated new regulations involving the original procurement and renewal of Right-of-Ways (ROW) on tribal and allottee lands which...
View ArticleDeal or no Deal? - Partial Dismissal of CERCLA Claims Against United States...
Three companion decisions in Atlantic Richfield Co. v. U.S. et. al., Case No. 1:15-cv-00056, in the U.S. District Court for the District of New Mexico, provide insight on the CERCLA statute of...
View ArticleBears Ears Monument Designation Was the Right Decision at the Right Time
On December 28, 2016, President Obama by Proclamation under the federal Antiquities Act designated 1.35 million acres of federal lands in southeastern Utah as the Bears Ears National Monument. That...
View ArticleTrump Greenlights Keystone and Dakota Access Pipelines, but the Battle is Far...
President Trump wasted no time making good on his promise to reverse President Obama’s efforts to reduce greenhouse gas emissions and move U.S. energy policy towards cleaner energy sources. On January...
View ArticleThe Government’s “Bare Legal Title” CERCLA Defense Wears Thin
The United States has encouraged economic activities such as mining on federal lands. Such activities have resulted in contamination and subsequent CERCLA cleanup orders. Companies undertaking such...
View ArticleBig Tribal Victory in Culvert Case, Big Implications for Taxpayers
On June 11, the Supreme Court issued a one-sentence order affirming the Ninth Circuit’s 2016 judgment in United States v. State of Washington. In that case, the government sued Washington on behalf of...
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