The Energy Law Journal has published “Land in the Second Decade: The Evolution of Indigenous Property Rights and the Energy Industry in the United States and Brazil” by Danielle C. Davis.
Energy Law Journal
Ryan Dreveskracht Article on Tribal Energy Development
Ryan Dreveskrachthas published “Alternative Energy in American Indian Country: Catering to Both Sides of the Coin” in the Energy Law Journal. Here is the synopsis:
This article looks at both sides of the renewable energy “coin” in relation to American Indian country. On the one side, it appears that tribal governments are opposed to any energy development on their lands. All told, however, this couldn’t be further from the truth – tribes merely seek a seat at the table when decisions are made regarding developments that will adversely affect their lands and/or areas of cultural significance. Indeed, contrary to being opposed to alternative energy development, tribes are very actively seeking to develop their lands in a manner that is consistent with their cultures and traditions. But, large-scale alternative energy projects are virtually absent from Indian country. This article argues that the oft-overlooked other side of the renewable energy “coin” are the federal regulations that hinder these projects from coming to fruition. The final section of the article will discuss what Congress is – and is not – doing regarding the two sides of this “coin.”
New Scholarship by Tom Fredericks and Andrea Aseff Arguing BLM Should Not Have Jurisdiction over Indian Lands
Tom Fredericks and Andrea Aseff have published “When Did Congress Deem Indian Lands Public Lands?: The Problem of BLM Exercising Oil ad Gas Regulatory Jurisdiction in Indian Country” in the Energy Law Journal.
From the synopsis:
While the BLM has been asserting regulatory jurisdiction over oil and gas development on Indian lands for approximately twenty years, it should not be. Congress charged the BLM with regulating oil and gas and other activities on public lands, specifically for multiple use and sustained yield in accordance with land use plans the agency develops. Indian lands are not public lands. This article seeks to address whether Congress charged the BLM with regulating oil and gas development on Indian lands. After an exhaustive legal analysis, the authors found that the BLM likely lacks statutory authority to regulate oil and gas on Indian lands. This is significant because the BLM’s congressional mandate and implementing regulations to manage public lands contain restrictive management standards and requirements that Congress did not intend to apply to Indian lands, while adding another layer of regulatory requirements to an already complicated and extensive regime.
Turtle Talk 