Lawyers from the firm assisted a tribe in securing the first California law to recognize the concurrent criminal jurisdiction of an Indian tribe by recognizing tribal law enforcement vehicles as emergency vehicles and the authority of tribal law enforcement.
Environmental & Natural Resources Law
- Assist with navigating the regulatory processes impacting fishing, water, forest, and other natural resource rights, such as those impacted by the following federal laws:
- Endangered Species Act
- Clean Water Act
- Clean Air Act
- Resource Conservation and Recovery Act
- Safe Drinking Water Act
- Comprehensive Environmental Response, Emergency Planning and Community Right to Know Act
- National Environmental Policy Act
- Administer and maintain treaty rights activities, such as hunting, fishing and gathering roots and berries on tribal reservation land.
- Advise tribes on the scope of treaty-based rights outside of reservation boundaries, such as designated lands set aside by state and local governments for such purposes.
- Facilitate permits for construction, power and other economic development projects.
- Negotiate real estate agreements, including monitoring compliance with the National Environmental Policy Act by working with federal agencies during the Environmental Assessment process leading to a Finding of No Significant Impact or commenting on Environmental Impact Statements.
- Help tribal governments acquire “treatment as state” status under federal environmental laws, like the Clean Water Act, to help tribes develop and set their own environmental standards.
- Assist tribes with exercising their tribal authorities before the Federal Energy Regulatory Commission under the Federal Power Act during re-licensing of non-federal hydroelectric projects to set conditions for mitigation and protection of treaty resources.
- Prepare Natural Resource Damage Claims under the Compensation and Liability Act (“CERCLA” or Superfund).
- Provide technical oversight and preparation responsibilities for environmental compliance in fee-to-trust land acquisitions.
- Work with appraisers and other experts in assigning value to tribal land, timber, coal and mineral deposits.
- Conduct workshops on environmental and cultural preservation issues for tribal governments.