Supreme Court Declines Review of Ninth Circuit Agua Caliente Decision – Reserved Tribal Water Rights Include Groundwater

On November 27, 2017, the Supreme Court denied review of the Ninth Circuit’s decision in Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water Dist., 849 F.3d 1262 (9th Cir. 2017). In that case, an Indian tribe brought an action against a California water district and desert water agency seeking a declaration that it …

Arizona Court of Appeals Permits Utility to Seek Preemption of State Property Taxes on Power Plant Located on Tribal Land

On November 3, 2016, the Arizona Court of Appeals allowed South Point Energy Center, LLC (“South Point”) to pursue challenges to the assessment of property taxes for tax years 2010 and 2011 and for 2012 and 2013 on its power plant on the Fort Mojave Indian Reservation.  The appeals court reversed the decision of the …

EPA Issues Draft Rules for Design Details for Clean Energy Incentive Plan; Tribal Projects are Eligible

On June 30, the EPA issued its proposed rules for the design details of the Clean Energy Incentive Plan (CEIP), a component of the (now stayed) Clean Power Plan (CPP). Comments are due by August 29, 2016. Further information about the CEIP can be found on the EPA Clean Power Plan website and the National …

LRRC Joins with EUCI for Upcoming Conference on Renewable Energy Development on Tribal Lands

Lewis Roca Rothgerber Christie has joined EUCI as a Sponsoring Organization for the upcoming conference “Renewable Energy Development on Tribal Lands” on February 4-5 in Anaheim, CA.  Pilar Thomas, of counsel in the Firm’s Tucson office, will present on the unique legal and jurisdictional considerations for renewable energy development on tribal lands, and will also …

EPA Clean Power Plan Could Give a Big Boost to Tribal Renewable Energy and Energy Efficiency Efforts

EPA Clean Power Plan Could Give a Big Boost to Tribal Renewable Energy and Energy Efficiency Efforts On August 3, the EPA released the final rule for the “Clean Power Plan.”   Considerably different in many material ways from the proposed rule – especially for the three Indian tribes most directly affected by the rule – …

Pending Federal Energy Legislation Will Impact Tribal Energy Resource Development

Over the last several weeks, Congress has been working on three major bills related to energy and tax incentives that will have implications for energy development on tribal lands. On July 22, Senator Lisa Murkowski (R-AK), Chair of the Senate Energy and Natural Resource Committee, introduced the “Energy Policy Modernization Act of 2015.”  Also on …

The President’s FY2016 Federal Budget Request: Programs Relevant to Tribal Energy Development

The White House transmitted its Fiscal Year 2016 Budget Request to Congress on February 2, 2015.  Overall, the budget includes over $7.4 billion in funding for clean energy technology programs across the federal agencies.  Most relevant to Indian tribes, tribal utilities, and tribal business are funding requests to continue existing energy and related environmental programs, …