A district court held that the Dakota Access pipeline can continue to operate while the Army Corps of Engineers corrects deficiencies in its EA for the project. In an earlier decision, the court held that the Corps did not adequately consider the consequences of a spill for the plaintiff tribe's fis...

A district court held that a tribal appellate court had the authority to impose permit fees on an operator of a phosphorus production plant. The plant sits on 1,450 acres of land lying mostly within Shoshone-Bannock Fort Hall Reservation, and produced 22 million tons of waste stored on the reservati...

The Fifth Circuit affirmed a district court ruling that Outer Continental Shelf Lands Act (OCSLA) safety regulations do not apply to contractors, subcontractors or service providers. The case concerned a fatal explosion during "hot work" on an oil rig in the Gulf of Mexico that killed three workers ...

The Tenth Circuit dismissed a challenge to a DOI rule governing hydraulic fracturing on federal and tribal lands, overturning a lower court ruling. In 2015, BLM finalized a fracking regulation that imposed new well construction, testing requirements, and chemical disclosure requirements, and increas...