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Hobbs Straus litigated a case establishing the right of a tribal organization to contract under Public Law 93-638 in a service area that was not a "reservation" in Rapid City Indian Health Board v. IHS, IBIA No. 97-100-A.

Environmental & Natural Resources Law

  • Assist with navigating the regulatory processes impacting fishing, water, forest, and other natural resource rights, such as those impacted by the following federal laws:
    • Endangered Species Act
    • Clean Water Act
    • Clean Air Act
    • Resource Conservation and Recovery Act
    • Safe Drinking Water Act
    • Comprehensive Environmental Response, Emergency Planning and Community Right to Know Act
    • National Environmental Policy Act
  • Administer and maintain treaty rights activities, such as hunting, fishing and gathering roots and berries on tribal reservation land.
  • Advise tribes on the scope of treaty-based rights outside of reservation boundaries, such as designated lands set aside by state and local governments for such purposes.
  • Facilitate permits for construction, power and other economic development projects.
  • Negotiate real estate agreements, including monitoring compliance with the National Environmental Policy Act by working with federal agencies during the Environmental Assessment process leading to a Finding of No Significant Impact or commenting on Environmental Impact Statements.
  • Help tribal governments acquire “treatment as state” status under federal environmental laws, like the Clean Water Act, to help tribes develop and set their own environmental standards.
  • Assist tribes with exercising their tribal authorities before the Federal Energy Regulatory Commission under the Federal Power Act during re-licensing of non-federal hydroelectric projects to set conditions for mitigation and protection of treaty resources.
  • Prepare Natural Resource Damage Claims under the Compensation and Liability Act (“CERCLA” or Superfund).
  • Provide technical oversight and preparation responsibilities for environmental compliance in fee-to-trust land acquisitions.
  • Work with appraisers and other experts in assigning value to tribal land, timber, coal and mineral deposits.
  • Conduct workshops on environmental and cultural preservation issues for tribal governments.


© 2010 HOBBS, STRAUS, DEAN & WALKER, LLP
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