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Supreme Court Declines Review of Tenth Circuit Case Holding Tribal Acquisition of an Interest in an Allotment Defeats Eminent Domain Authority

USA - July 4 2018 The Supreme Court recently denied a petition to review the Tenth Circuit’s opinion in Public Service Company of New Mexico v. Barboan. The Tenth…

Lynn H. Slade

Update on Dakota Access Pipeline Litigation

USA - June 1 2018 The Dakota Access Pipeline litigation was originally brought by the Standing Rock Sioux Tribe in 2016, quickly joined by the Cheyenne River Sioux…

Walter E. Stern

Potential Hurdle to Right-of-Way Acquisition and Renewals: The Tenth Circuit Holds Tribal Acquisition of an Undivided Interest in an Allotment Defeats Congressional Eminent Domain Authority

USA - September 5 2017 On May 26, 2017, the Tenth Circuit issued its decision in Public Service Company of New Mexico v. Barboan, upholding a New Mexico federal district…

Emil Kiehne, Lynn H. Slade

Dakota Access Pipeline Project Update—Corps’ NEPA Analysis Flawed-In Part

USA - August 22 2017 On June 14, 2017, U.S. District Court Judge Boasberg issued a lengthy Memorandum Opinion granting in part the Standing Rock Sioux Tribe’s (Standing…

Walter E. Stern

Native American Law Watch Summer 2017

USA - June 1 2017 On June 10, 2016, Congress passed the Indian Trust Asset Reform Act (ITARA), and on June 22, 2016, President Barack Obama signed it into law…

Emil Kiehne, Maria O'Brien, Lynn H. Slade, Walter E. Stern, Sarah M. Stevenson