Indian Reserved Water Rights: Groundwater Included
Most Native American tribes have at least some land that was reserved by the federal government for the purpose of creating a homeland for the Tribe. Under the Winters doctrine, established by the United States Supreme Court in 1908,[1. Winters v. United States, 207…
Washington Court Rules Property Tax Incentive Benefitting Indian Tribes Is Unconstitutional
Agreements for payments in lieu of taxes (PILOTs or PILTs) are used frequently by local governments to incentivize private investment in facilities or infrastructure that will provide a public benefit. A recent case in the State of Washington highlights the risk of…
Federal District Court Upholds Uranium Mining Within a Traditional Cultural Property Without Further NEPA Review and With Abbreviated NHPA Consultation
On April 7, 2015, in Grand Canyon Trust v. Williams,[1. No. CV-13-08045-PCT-DGC, 2015 WL 1538084 (D. Ariz. Apr. 7, 2015).] the United States District Court for the District of Arizona granted summary judgment to the U.S. Forest Service (“USFS”) on claims brought by…
Favorable Employment Law Decision in Garcia v. APS
In an opinion issued on March 26, 2015, Federal District Court Judge Martha Vazquez granted Albuquerque Public Schools’ Motion for Summary Judgment on a former employee’s claims of Title VII discrimination, retaliation, and hostile work environment discrimination. This thorough opinion clarifies several…
Does the NLRB Have Jurisdiction over Tribal Entities? Congress or the 6th Circuit May Decide
U.S. Senate Bill 248 (SB 248)—The Tribal Labor Sovereignty Act of 2015—would amend the National Labor Relations Act, 29 U.S.C. §§151–169, to provide that any enterprise or institution owned and operated by an Indian tribe and located on its lands is not…
Balancing Opposing Cultural and Religious Beliefs on a Shared Reservation: Agency consideration of “Native American culture” not enough to demonstrate narrowly tailored compelling interest
In Northern Arapaho Tribe v. Ashe,[1. 2015 WL 1137487, No. 2:11-CV-00347-ABJ (D. Wyo. Mar. 12, 2015).] the United States District Court for the District of Wyoming contrasted two tribes’ eagle interests, the First Amendment, the Bald and Golden Eagle Protection Act, and the Supreme…
Revised Draft Guidance Regarding Greenhouse Gas Emissions and Climate Change in NEPA Reviews
Introduction: On December 18, 2014, the Council on Environmental Quality (“CEQ”) issued revised draft guidance (“Revised Draft Guidance”)[1. Available here.] for analyzing greenhouse gas (“GHG”) emissions and climate change impacts in National Environmental Policy Act (“NEPA”) analyses. CEQ’s Revised Draft Guidance replaces the CEQ’s 2010…
Best Practices for Outside Counsel
Lawyers in private practice who represent corporate clients as outside counsel have regular dealings with their clients’ in-house legal teams. Outside counsel often work at the direction of in-house counsel and report directly to them on the status and developments of a…
New Mexico Oil Conservation Commission Adopts New Produced Water Regulations
On March 12, 2015, the New Mexico Oil Conservation Commission formally approved a revision to the Commission’s produced water regulations. The revised Rule repeals and replaces existing Rule 34, which regulates the disposition of produced water, and enacts a new rule regulating…
No Mora Moratorium on Drilling
United States District Court Judge James Browning issued a lengthy opinion on January 19, 2015 invalidating Mora County’s “Community Rights and Local Self-Government Ordinance”, enacted by the County in 2013, that prohibited oil and gas development by corporations in the county. See SWEPI,…