Our Firm has a wealth of expertise in federal environmental law, natural resources law, and cultural and historic preservation law, and specializes in how that law is administered and applied in and around Indian country.

We work with tribal governments to develop, administer and enforce tribal environmental protection programs and to address sovereignty-related issues or conflicts that arise in administrating those programs.

We have a long history of advocating for tribes on a variety of environmental and cultural resource issues, including permitting for construction, power and other economic development projects, negotiating real estate agreements, responding to governmental enforcement actions, proposing, commenting on and/or challenging federal regulations and legislative initiatives, and advocating tribal interests when dealing with state and local governments and the Environmental Protection Agency, the Bureau of Land Management, the Bureau of Reclamation, the Bureau of Indian Affairs, the National Indian Gaming Commission and other federal agencies. We also have extensive experience in helping tribes protect their environmental and cultural rights through negotiation, litigation, legislation, and regulation.

The Firm has some of the nation’s leading experts and practitioners in this field. Our attorneys have published numerous articles on the subject, and have served as Director of the First Nations Environmental Law Program at Vermont Law School, adjunct professor of law at Northwestern School of Law at Lewis & Clark College, vice-chair of the Native American Resources Committee of the ABA, and held positions on the editorial board of ABA journal Natural Resources and Environment. Some of our most recent achievements and substantive areas of expertise are listed below.

CONTACT:
Ed Goodman,  Dean Suagee,  Geoff Strommer,  William Norman, Jr.

Achievements and Actions

• Facilitated tribal governments obtaining treatment as state status (TAS) under the Clean Water Act, through jurisdictional analysis, acting as a liaison with the EPA.

• Led successful legislative effort to return the 48,000-acre Blue Lake land to the Taos Pueblo.

• Negotiated comprehensive water rights compact between the Seminole Tribe and the State of Florida providing tribe with substantial authority over water issues in the Everglades.

• Participated in enactment of federal laws to authorize tribes to administer environmental and cultural resources programs.

• Assisted Shoalwater Bay Tribe convene an interagency and intergovernmental workgroup to address its wastewater treatment crisis.

• Prevented the use of hydropower at the Cochiti Dam to protect a sacred religious site.

• Organized successful legislative campaign to return the 26,000-acre Santa Cruz Spring Tract to the Pueblo de Cochiti.

• Represented the Klamath Tribes in a repatriation case involving human remains that were wrongfully removed from federal lands and included in an earthen dam.

• Drafted and implemented a Forest Management Plan in compliance with Bureau of Indian Affairs NEPA protocols for Indian reservation lands.

• Assisted with coordinating NEPA/environmental compliance for several tribal housing projects, including Level I and Level II Assessments of site; wetland delineation/survey of site; soil contamination; agency coordination with BIA, EPA, Army Corps of Engineers, Indian Health Service, HUD, and Tribally Designated Housing Entity (TDHE).

• Provided analysis and preparation of necessary environmental documentation for complex federal land acquisition under BRAC (Department of Army lands).

Areas of Expertise

• Federal environmental protection statutes, including the Clean Water Act, the Clean Air Act, Resource Conservation and Recovery Act, Safe Drinking Water Act, Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA” or Superfund), Emergency Planning and Community Right to Know Act, Endangered Species Act, Occupational Safety and Health Act (“OSHA”).

• Federal natural resource protection statutes, including the National Environmental Policy Act (“NEPA”), the Endangered Species Act, and natural resource protection aspects of federal environmental statutes.

• Federal cultural resources management and historical preservation statutes, including the National Historic Preservation Act, Native American Graves Protection and Repatriation Act, and Archaeological Resources Protection Act.

• Developing tribal environmental, natural resources and cultural and historic preservation codes and regulations, including tribal environmental review processes.

• Working with inter-tribal organizations and forging partnerships and MOUs with state and local authorities when appropriate

• Assisting tribal governments in acquiring "treatment as state" status under federal environmental laws.

• Representing clients in federal courts to enforce environmental and cultural rights and tribal sovereignty.

• Environmental conflict resolution.

• Monitoring and analyzing legislative and regulatory developments, drafting Congressional testimony and commenting on and challenging federal regulations.

• Conducting workshops on environmental and cultural preservation issues for tribal governments.

• Assisting tribes in obtaining the necessary permitting to develop and operate energy production facilities, and providing advice regarding tribal utilities and other mechanisms for tribal control of energy development and distribution.

• Providing technical oversight and preparation responsibilities for environmental compliance in fee-to-trust land acquisitions.

• Assisting tribes to obtain the necessary environmental permits and approvals in a wide variety of construction and development projects.

• Assisting tribes to address tribal environmental, natural and cultural resources and other concerns within the FERC re-licensing process for hydro-electric projects.

• Assisting tribes in regulatory processes that impact fish and other natural and cultural resources.

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