Supreme Court Declines Review of Tenth Circuit Case Holding Tribal Acquisition of an Interest in an Allotment Defeats Eminent Domain Authority
…out in a federal district court in Oklahoma where that court recently found a pipeline company in trespass, after concluding that the pipeline company could not invoke Section 357 because…
U.S. Supreme Court Limits EPA and the Corps’ Authority to Regulate Wetlands as Waters of the United States (WOTUS)
…forth by Justice Kennedy in Rapanos. However, they disagreed with the majority’s new “continuous surface connection” test, stating that the new test is overly narrow and replaces the meaning of…
Which Door is Closing for Taxpayers with Foreign Financial Assets
…The OVDP, though, has been only one option available to U.S. taxpayers who had failed to file FBARs but who wanted to come into compliance with both the FBAR filings…
Stuart Butzier Elected President of Rocky Mountain Mineral Law Foundation
…Committee; Moderator and Co-Chair of the mining law panel at the 2018 SEERIL conference in Lisbon; industry representative of New Mexico Mining and Minerals Division’s Director’s Advisory Committee; and a…
Can You Challenge the Corps’ Clean Water Act Jurisdictional Determinations Without First Going Through the Permit Process?
…and the Fifth Circuit both misapplied the law. The Eighth Circuit found that a Corps’ Approved JD is immediately appealable under the APA since it meets the two-pronged test for…
Jurisdiction for Injuries Arising at Tribal Casinos: The Importance of Clear Dispute Resolution Terms
…25 U.S.C. §§ 2701 – 2721 (“IGRA”) in 1988. Apparently as a compromise, IGRA provided that tribal-state compacts may include provisions relating to “the allocation of the criminal and civil…