Environmental Law
The firm provides guidance to our Indian tribal governmental clients both in their compliance with federal environmental laws and in developing tribal laws to ensure that others respect the environmental values of Indian nations.
The firm has assisted clients in developing tribal codes and regulations, including permit programs, to fund and administer air, water, solid waste, pesticide, hazardous waste, underground storage tank and other programs. We have assisted our clients in obtaining federal delegations of authority under several environmental laws, under surface mining legislation, and for remediation of environmental harm under CERCLA and RCRA. We also have assisted tribes in developing emissions inventories, and coordinating with state and local governments and the federal E.P.A. for information-sharing and technical assistance. The firm also has represented tribal interests concerning visibility issues in the Grand Canyon and surrounding region.
Our clients have recognized that environmental protection often has a cultural component. For example, archaeological and contemporary cultural resources, if not adequately safeguarded, may be threatened by the exploitation of other resources, both within and outside of Indian country. Thus, the firm has been called upon to protect these cultural resources, and we have done so in negotiations and agreements, in developing tribal laws, and in litigation.
For example, the firm has successfully litigated tribal-state jurisdictional disputes under the Safe Drinking Water Act and the Clean Air Act. We also have successfully opposed the off-reservation siting of an industrial waste dump near a sacred mountain. Similarly, the firm's litigation under the Clean Water Act has resulted in a consent decree against a municipality that protects the quality of the water resources of our pueblo client. We also have negotiated ground breaking joint powers agreements concerning regulation and remediation of underground storage tanks.
The firm's expertise in environmental compliance also has been applied in a wide variety of economic development projects and trust land acquisitions. This has included legal advice regarding the preparation of environmental assessments under NEPA and the NHPA and environmental site assessments regarding identification and remediation of environmental hazards, as well as regarding issuance of EPA certification and a Corps of Engineers permit under the Clean Water Act. The firm also has been involved in state and local permitting for off-reservation projects.
