Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 13 AUGUST 2008

Appeals Court Limits Tribal Challenges To Development

Bracewell LLP
Bracewell LLP
Contributor
Bracewell LLP

Bracewell LLP

Paris is a vital energy hub in Europe, and our Paris office plays a central role in helping address...

View firm profile
Explore more from Bracewell LLP

In recent years, tribes have looked to the federal Religious Freedom Restoration Act of 1993, 42 U.S.C. § § 2000bb et seq and to Section 106 of the National Historic Preservation Act, 14 U.S.C. § § 470 et seq to protect land sacred to tribes.

United StatesReal Estate and Construction
Nancy Appleby
Nancy Appleby
Laura Fellow
Laura Fellow

Indian Law Update

In an Indian Law Update earlier this year, we reported to you tribal challenges to the Arizona Snowbowl Resort expansion and the TransCanada Keystone Pipeline – challenges that highlighted the need for developers to be vigilant about the role that Indian law can play in their projects. On August 8, 2008, the United States Court of Appeals for the Ninth Circuit turned back one such challenge and narrowed the scope of tribal challenges to development under the federal Religious Freedom Restoration Act.

In recent years, tribes have looked to the federal Religious Freedom Restoration Act of 1993, 42 U.S.C. § § 2000bb et seq (RFRA) and to Section 106 of the National Historic Preservation Act, 14 U.S.C. § § 470 et seq (NHP) to protect land sacred to tribes.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Governor Newsom Signs Key Housing Bills Into Law

California Governor Gavin Newsom has signed multiple state housing bills into law that will take effect January 1, 2027, introducing significant changes to housing development regulations across the state. These new laws establish streamlined ministerial approval processes for various housing types, from high-density transit hub projects in major cities to townhomes and factory-built housing, while also reforming ADU regulations, permit processing requirements, and density bonus provisions. Will these legis
United StatesReal Estate and Construction
Allen Matkins Leck Gamble Mallory & Natsis LLP
Allen Matkins Leck Gamble Mallory & Natsis LLP
Article

More For The Missing-Middle: SB 1116 Expands Starter Home Revitalization Act (SB 684/1123)

California's Starter Home Revitalization Act receives significant enhancements through Senate Bill 1116, expanding site eligibility criteria, limiting local zoning restrictions, and invalidating certain private deed covenants to accelerate small-lot residential subdivisions. The legislation introduces streamlined 60-day ministerial approvals while establishing new rules for lot size averaging, height restrictions, and concurrent permit processing that fundamentally reshape the pathway for starter home devel
United StatesReal Estate and Construction
Allen Matkins Leck Gamble Mallory & Natsis LLP
Allen Matkins Leck Gamble Mallory & Natsis LLP
Article

California Contractors Get A Much-Needed Break: SB 342 Softens The Harsh Consequences Of Contractor License Lapses

Imagine completing a multimillion-dollar project, performing quality work, paying your subcontractors, and satisfying the owner, only to discover that a temporary contractor license lapse could prevent you from recovering payment for that work or pursuing claims for extra work. For decades, that was the reality under California Business and Professions Code section 7031.
United StatesReal Estate and Construction
Seyfarth Shaw LLP
Seyfarth Shaw LLP
Article

Residential Vacancy Tax Preempted By State Law

A California Court of Appeal has invalidated San Francisco's Empty Homes Tax, ruling that the Ellis Act—which protects property owners' right to exit the rental market—also shields them from being forced to enter it through vacancy taxation. This landmark decision raises critical questions about the viability of similar residential vacancy taxes that other California municipalities have enacted or are considering as housing policy tools.
United StatesReal Estate and Construction
Cox, Castle & Nicholson
Cox, Castle & Nicholson
Article

New York City Rent Freeze Faces Legal Challenge As Court Considers Landlords’ Claims

Landlords of rent stabilized buildings in New York City have filed a lawsuit challenging the rent freeze passed by the Rent Guidelines Board, questioning the Board's independence and data integrity. With operating costs rising 31% over five years while the Board voted 7-1 for a freeze affecting 1 million apartments, the case raises critical questions about the balance between tenant protection and landlord viability.
United StatesReal Estate and Construction
Hogan Lovells Cadwalader
Hogan Lovells Cadwalader
Article

New Florida Law Adds Licensing Risk To Contractor/Subcontractor Payment Disputes

Florida's new Section 489.1295 establishes licensing consequences for contractors who fail to timely pay subcontractors and suppliers, effective July 1, 2026. The statute creates disciplinary exposure for knowingly or willfully withholding payment, though it includes important exceptions for bona fide disputes and contractual payment terms. Contractors must now navigate potential license sanctions including fines up to $10,000, suspension, or revocation when payment disputes arise.
United StatesReal Estate and Construction
Peckar & Abramson, P.C.
Peckar & Abramson, P.C.
Article

Governor Abbott Orders TCEQ To Pause All Permit Issuance For Data Center Projects

Governor Abbott has ordered Texas environmental regulators to halt all data center permit issuance until grid operators complete a comprehensive audit in mid-December 2026. The sweeping directive affects not only grid-connected facilities but also fully islanded data centers relying on behind-the-meter generation, creating uncertainty for developers and their contractual obligations.
United StatesEnvironment
Bracewell LLP
Bracewell LLP
Article

Trump Administration Issues Executive Order Regarding Bulk Power System Equipment; DOE Requests Further Information

President Trump's Executive Order 14421 establishes a comprehensive framework for screening foreign-produced equipment in the U.S. bulk-power system, potentially affecting transformers, inverters, battery storage, and control systems tied to certain foreign entities. The Department of Energy has 120 days to issue implementing regulations and is seeking stakeholder input through a Request for Information to balance grid security concerns with reliability, supply chain constraints, and economic impacts across
GlobalEnergy and Natural Resources
Bracewell LLP
Bracewell LLP
Article

Venture Global Update: Galp Prevails In Latest LNG Commissioning Dispute

An ICC tribunal has ruled in favor of Galp in its dispute with Venture Global over the Calcasieu Pass LNG facility, finding that Venture Global breached its obligation to declare the facility operational in a timely manner. This decision adds to a series of contrasting outcomes in similar disputes involving other buyers, with damages yet to be determined in a hearing scheduled for 2027 or 2028.
United StatesLitigation, Mediation & Arbitration
Bracewell LLP
Bracewell LLP
Article

The SEC’s Mixed Message: Cracking Down On Auditors While Easing Up On Disclosure

The SEC has launched a specialized enforcement unit targeting accounting professionals while simultaneously proposing to reduce mandatory interim reporting frequency. This creates a complex regulatory environment where heightened scrutiny of auditors coincides with fewer opportunities for interim financial review, raising critical questions about disclosure timing, audit committee oversight, and enforcement risk.
United StatesCorporate/Commercial Law
Bracewell LLP
Bracewell LLP
Article

DOJ Fraud Division Orders Broader, Faster Enforcement

The Department of Justice's National Fraud Enforcement Division has issued a sweeping directive mandating prosecutors to attack fraud from all angles using tax, securities fraud, consumer fraud, and cybercrime authorities. This comprehensive approach includes aggressive asset seizure strategies, enhanced cooperation mechanisms, and expanded enforcement tools aimed at dismantling fraud schemes and maximizing recoveries across government contracting, healthcare, and financial sectors.
United StatesCriminal Law
Bracewell LLP
Bracewell LLP
Article

Treasury Expands Operation Economic Outcast Toolbox With Focus On Foreign Financial Institutions

Treasury's Operation Economic Outcast is expanding beyond traditional sanctions to target foreign banks, digital-asset platforms, and shadow-banking networks that facilitate Iran's access to the global financial system. Through a combination of OFAC designations, FinCEN prohibitions, and actions against intermediary infrastructure, the administration is demonstrating its willingness to employ multiple punitive measures to achieve economic isolation. Financial institutions must now assess Iran-risk not just
United StatesGovernment, Public Sector
Bracewell LLP
Bracewell LLP
Article

KKR Agrees To Historic $250 Million Penalty For Alleged Violations Of HSR...

The Department of Justice announced a landmark $250 million settlement with KKR & Co. for allegedly submitting deficient Hart-Scott-Rodino Act notification forms across at least 16 transactions. This unprecedented penalty, the largest ever for HSR violations, raises critical questions about merger notification compliance obligations and the consequences of systemic noncompliance with federal antitrust review requirements.
United StatesAntitrust/Competition Law
Bracewell LLP
Bracewell LLP
Article

Operation Economic Outcast: Two Key Updates Two Weeks In

The Trump administration's Operation Economic Outcast represents an unprecedented escalation in Iran sanctions enforcement, threatening secondary sanctions against entire countries while expanding sectoral restrictions and targeting financial institutions globally. Two weeks into implementation, the campaign reveals a complex geopolitical landscape where major powers like China and Russia openly defy US demands, while European allies navigate conflicting legal obligations between supporting American
GlobalInternational Law
Bracewell LLP
Bracewell LLP
Article

Trends In Russian Sanctions Enforcement In Europe And The UK

European and UK authorities are dramatically escalating sanctions enforcement against Russia-related violations, marking an unprecedented shift from policy development to aggressive prosecution. Recent actions span criminal convictions with multi-year prison sentences, substantial asset seizures, maritime interdictions of shadow fleet vessels, and penalties targeting both physical goods and digital infrastructure networks.
United KingdomCriminal Law
Bracewell LLP
Bracewell LLP