Administrative Law
Because the rights and interests of our clients are often affected by decisions, actions and regulations of federal and state administrative agencies, our practice regularly includes participation in proceedings before such agencies. This has included matters before the Department of the Interior, the Indian Health Service, Department of Labor, the Environmental Protection Agency, the Federal Election Commission, the Department of Housing and Urban Development, the Department of Agriculture, the Department of Transportation, and the Federal Energy Regulatory Commission, among others.
We have actively participated when agencies propose regulations that affect our clients' interests by providing comments and recommendations on proposed regulations and, when regulations are to be developed through negotiated rulemaking, by active participation in the committees established for that purpose. This has included participation in all negotiated rulemaking committees established to implement the Indian Self-Determination and Education Act and other tribal programs, including the Indian Reservation Roads Program Negotiated Rulemaking Committee and the Committee established to implement Title V of the Indian Self-Determination Act, on Tribal Self-Governance.
Our work before administrative agencies has also included representation of our clients through other administrative proceedings on matters that affect our client's interests. These have included, for example, participation in proceedings before agencies like the U.S. Army Corps of Engineers on applications for dredge and fill permits under section 404 of the Clean Water Act and the related environmental impact analysis required by the National Environmental Policy Act where the proposed project threatened to adversely affect our client's lands and interests in cultural and natural resources. Our work has also included proceedings before: the Bureau of Indian Affairs on tribal applications to place land into trust; the Federal Energy Regulatory Commission on applications to relicense hydroelectric facilities, the National Indian Gaming Regulatory Commission on enforcement issues, and the Federal Election Commission on campaign finance matters.
In addition, our administrative practice also includes representation of our clients in hearings and administrative appeals provided by such agencies and in judicial proceedings that may follow and involve review of an agency’s decision.