The Silver Lining: Efficiencies in BIA’s Newly Effective Right-of-Way Regulations
As we have previously reported, the Bureau of Indian Affair’s (BIA) recently revised the regulations governing grants of right-of-way (ROW) on Indian lands compiled at 25 C.F.R. Part 169 (Final Rule).[1. The BIA’s website has additional information on the Final Rule and…
Update on Challenge to U.S. EPA’s Waters of the United States Rule
As we previously reported in our Fall 2015 ERN,[1. See Joan Drake and Deana Bennett, The Clean Water Rule: Troubled Waters Ahead for the EPA and Corps, Energy Resources Notes, Fall 2015, at 2-6.] several industry and environmental groups have challenged the Environmental Protection Agency’s Final…
Endangered Species Act Issues Relevant to Public Lands
On March 1, 2016, the United States Court of Appeals for the District of Columbia Circuit upheld the United States Fish and Wildlife Service’s (“Service”) decision to not list the dunes sagebrush lizard.[1. Defenders of Wildlife, v. Sally Jewell, 2016 WL 790900 (D.C. Cir….
Court Allows BIA’s Final Rule Regarding Rights-of-Way on Indian Land To Go Into Effect April 21
On Thursday, April 21, 2016, the Bureau of Indian Affairs’ Final Rule entitled Rights-of-Way on Indian Land, 80 Fed. Reg. 72492-72549 (Nov. 19, 2015), making changes to the regulations in 25 C.F.R. Part 169, will go into effect. The United States District Court…
Four Changes to BIA’s Right-Of-Way Regulations That Grantees and Applicants Should Know
On November 3, 2015, Kevin Washburn, Assistant Secretary-Indian Affairs signed a final rule revising the Bureau of Indian Affair’s (BIA) regulations[1. Available here.] governing grants of right-of-way (ROW) on Indian lands compiled at 25 C.F.R. Part 169 (Final Rule). The Final Rule was published in…
State Taxation Precluded by Extensive and Exclusive Federal Regulation of Indian Leasing
On August 26, 2015, in Seminole Tribe of Florida v. Stranburg,[1. 799 F.3d 1324 (11th Cir. 2015).] the Eleventh Circuit affirmed in part and reversed in part the United States District Court for the Southern District of Florida’s decision,[2. 49 F. Supp. 3d….
Federal District Court Sets Aside Fish and Wildlife Service’s 30-Year Take Permit Rule Under Bald and Golden Eagle Act
On August 11, 2015, a federal district court judge in the United States District Court for the Northern District of California[1. Shearwater v. Ashe, Case No. 14-CV-02830-LHK, 2015 U.S. LEXIS 106277 (N.D. Cal. August 11, 2015)] vacated the United States Fish and Wildlife…
The Clean Water Rule: Troubled Waters Ahead for the EPA and Corps
Two federal courts have preliminarily halted the enforceability of the “Clean Water Rule”[1. 80 Fed. Reg. 37,054 (June 29, 2015), available here.] promulgated jointly by the U.S. Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“Corps”) to define anew “waters…
Dependent Indian Communities: Existential Determination Impacts State and Federal (and Tribal?) Jurisdiction
On June 15, 2015, the New Mexico Supreme Court issued a decision that clarified the Indian country status of a certain parcel of land in New Mexico that had been the subject of conflicting state and federal court decisions. In State of New…
Pueblo of Jemez v. United States: Tenth Circuit Resurrects Land Claim – Unique Circumstance or Cloudy Title on the Horizon?
On June 26, 2015, in Pueblo of Jemez v. the United States[1. 790 F.3d 1143 (10th Cir. 2015).] the United States Court of Appeals for the Tenth Circuit reversed a district court ruling that had dismissed the Pueblo of Jemez’ (Pueblo) claim seeking the return…