Focused on critical matters involving Native American lands and tribes, Perkins Coie represents government agencies, state governors, Indian tribes, commercial enterprises, financial institutions, trade associations and nonprofit organizations. Legal issues we resolve include:
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Publications
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01.11.2023The Biden Rule: Redetermining Where Water Ends and Land BeginsUpdatesThe U.S. Environmental Protection Agency and the U.S. Department of the Army jointly announced on December 30, 2022, the latest final rule that attempts to define “waters of the United States” under the Clean Water Act. The Rule will take effect 60 days after its publication in the Federal Register.
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12.12.2022Biden Administration Authorizes Trust Lands for Alaska Tribes, Proposes Changes To Streamline Trust RegulationsUpdatesIn mid-November, the U.S. Department of the Interior announced that it can acquire lands in trust for Alaska’s 231 federally recognized tribes and establish Indian reservations. On the heels of this announcement, the department published proposed changes to its regulations that would make it easier for tribes to place lands in trust.
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05.19.2022Proposed Revisions to Indian Trust Land Regulations Limit Third-Party InterestsUpdatesThe Bureau of Indian Affairs has proposed preliminary revisions to the regulations that govern the acquisition of land into trust for Indian tribes. The proposed revisions would streamline the fee-to-trust process and eliminate many important checks and balances that protect third-party interests.
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10.12.2021Council on Environmental Quality Proposes Revisions to 2020 NEPA RegulationsUpdatesThe Council on Environmental Quality has proposed amendments to its 2020 NEPA implementing regulations, adopted during the waning days of the Trump administration.
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08.19.2021FAST-41 Environmental Review and Permitting Process Changes in the Senate Infrastructure BillUpdates
Title VIII of the Infrastructure Investment and Jobs Act (H.R. 3684), the infrastructure bill recently passed by the U.S. Senate, includes several important amendments to Title 41 of the Fixing America’s Surface Transportation (FAST) Act, or FAST-41, which have the potential to significantly reform the federal environmental review and permitting process for covered infrastructure projects.
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05.25.2021Tips For Energy Developers Seeking To Lease Tribal LandsArticles
Law360
To take advantage of the new administration's emphasis on clean, renewable energy, and economic development and energy projects on tribal lands, developers may wish to explore streamlined surface leasing opportunities for development on tribal lands. -
06.03.2020EPA Final Rule Narrows State and Tribal Review Under the Clean Water ActUpdatesThe U.S. Environmental Protection Agency issued a final rule on June 1, 2020, intended to limit the ability of states and tribes to block or delay projects requiring a water quality certification under Section 401 of the Clean Water Act.
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04.29.2020California Governor Newsom Allows Electronic Noticing Under CEQA and Suspends Tribal Consultation Requirements for 60 DaysUpdatesGovernor Gavin Newsom issued an executive order on April 22 suspending for a period of 60 days (1) the filing, posting, notice, and public access requirements related to certain notices under the California Environmental Quality Act, and providing for electronic posting; and (2) certain aspects of the consultation process with Native American tribes.
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01.13.2020White House Proposes Overhaul of NEPA RegulationsUpdatesTaking the next step in its efforts to streamline the environmental review process for projects under federal jurisdiction, the White House Council on Environmental Quality (CEQ) published proposed regulations on January 10 that would revamp the rules implementing the National Environmental Policy Act.
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05.30.2017Treaty Obligations to Protect Fish Habitat From Degradation UpheldUpdatesIn July 2016, the U.S. Court of Appeals for the Ninth Circuit held that the state of Washington violated tribal treaty obligations by building and maintaining barrier culverts that block 1,000 linear miles of streams suitable for salmon habitat.
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07.05.2016Ninth Circuit Rules Tribal Treaty Rights Obligate State to Ensure Harvestable Fish Are AvailableUpdatesLast week, the U.S. Court of Appeals for the Ninth Circuit held that the state of Washington violated tribal treaty obligations by building and maintaining barrier culverts that block 1,000 linear miles of streams suitable for salmon habitat.
Presentations
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02.23.2023The Intersection of Environmental Law and Tribal NationsSpeaking Engagements
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02.23.2023Tribal Specific NEPA ConsiderationsSpeaking Engagements
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02.23.2023Trust Duties and Emerging Considerations Related to the National Historic Preservation ActSpeaking Engagements
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03.15.2017Native American Lands and Natural Resources - The Changing Landscape in Idaho, the Northwest, and BeyondBreakfast Briefing / Boise, ID
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05.13.2014Developing Compliance Strategies for Tribal Environmental Policies and ActsSpeaking EngagementsLaw Seminars International
Tribal Environmental Quality Protection Conference / Cabazon, CA
