Enforceability of Arbitration Provisions in Agreements with Tribes or Tribal Entities
Over the past few years, federal courts have seen an influx of cases involving challenges to “payday” lending agreements referencing tribal law or courts, and involving Western Sky Financial, LLC and/or related entities or persons. Some of these agreements include an arbitration…
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Revised Draft Guidance Regarding Greenhouse Gas Emissions and Climate Change in NEPA Reviews
Introduction: On December 18, 2014, the Council on Environmental Quality (“CEQ”) issued revised draft guidance (“Revised Draft Guidance”)[1.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 CEQ’s Revised Draft Guidance replaces the CEQ’s 2010…
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BIA Seeks Comments on Proposed Rule Making Major Changes to the Department of the Interior’s Regulations Governing Rights-of-Way across Tribal and Individually Owned Indian Lands.
On June 17, 2014, the Department of the Interior (“DOI”) issued proposed regulations which would “comprehensively update and streamline the process for obtaining BIA grants of rights-of-way on Indian land,” compiled at 25 C.F.R. Part 169. 79 Fed. Reg. 34455, 34455. The…
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Colorado District Court Requires Coal Mine EIS to Estimate the “Social Cost of Carbon”
In an order issued on Friday, June 27, 2014, the Honorable R. Brooke Jackson of the United States District Court for the District of Colorado overturned “three interconnected” decisions by the U.S. Forest Service (“USFS”) and the Bureau of Land Management (“BLM”)…
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D. C. Circuit Invalidates Indian Country Air Quality Rule
On Friday, January 17, 2014, the United States Court of Appeals for the District of Columbia Circuit vacated that portion of the Environmental Protection Agency’s (“EPA”) 2011 regulation entitled “Review of New Sources and Modifications in Indian Country,” 76 Fed. Reg. 38,748 (codified at 40…
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Assistant Secretary-Indian Affairs Proposed Changes to Fee-to-Trust Procedures
On May 24, 2013, Assistant Secretary-Indian Affairs Kevin Washburn issued a proposed rule to modify the process for challenging the Secretary’s decision to take fee lands into trust,[1. Press Release, U.S. Dep’t of the Interior, Bureau of Indian Affairs, Washburn Proposes Changes to…
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IRS Concludes Tribe May Pass on to Lessee Investment Credits Associated with Renewable Energy Asset
The Internal Revenue Service’s (“IRS”) recent non-binding decision that a Tribe could pass on investment credits associated with renewable energy assets to the Tribe’s lessee may encourage future development on tribal lands because the non-tribal developer can benefit from the Tribe’s investment…
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