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2025-03-27 14:00:00

2 Credits

Explore the legal framework for energy development on tribal lands, covering sovereignty, federal regulations, leasing, and renewable energy partnerships.

2025-03-27 14:00:00

Explore the legal framework for energy development on tribal lands, covering sovereignty, federal regulations, leasing, and renewable energy partnerships.

2025-03-27 14:00:00

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Key topics that will be covered

What will you learn

Attorneys will learn how tribal sovereignty, federal regulations, BIA leasing processes, and state law preemption affect energy project development on Native American lands.

What will you gain

Attorneys will gain practical knowledge for negotiating tribal energy agreements, including sovereign immunity waivers, dispute resolution provisions, and cultural competency best practices.

Tribal Sovereignty
Tribes are independent sovereigns with immunity from lawsuits unless waived.
Land Types
Trust, allotted, and fee lands have different regulatory and permitting requirements.
Federal Framework
BIA leasing regulations govern wind and solar development on tribal lands.
Jurisdictional Analysis
Montana exceptions and Bracker test determine tribal and state authority over non-Indians.
Contract Provisions
Agreements require sovereign immunity waivers, dispute resolution, and tribal law provisions.
Renewable Potential
Tribal lands hold over 6,000 gigawatts of solar and 1,000 gigawatts of wind potential.

What will you learn

Attorneys will learn how tribal sovereignty, federal regulations, BIA leasing processes, and state law preemption affect energy project development on Native American lands.

What will you gain

Attorneys will gain practical knowledge for negotiating tribal energy agreements, including sovereign immunity waivers, dispute resolution provisions, and cultural competency best practices.

Agenda

Session 1

Understanding Tribal Sovereignty and Jurisdiction Foundations

Session 2

Federal Laws Governing Energy Development on Lands

Session 3

Tribal Energy Agreements and Negotiation Best Practices

Session 4

Environmental and Cultural Resource Legal Considerations

Session 5

Renewable Energy Development Opportunities in Indian Country

Session 6

Litigation and Dispute Resolution in Tribal Matters

Session 7

Economic Impacts of Energy on Tribal Communities

Session 8

Recent Developments and Emerging Tribal Energy Trends

clock 2:00 pm - 2:20 pm EST

Understanding Tribal Sovereignty and Jurisdiction Foundations

Benjamin A. Mayer

K&L Gates LLP

Endre M. Szalay

K&L Gates LLP

This session explores the foundational principles of tribal sovereignty, including sovereign immunity and its implications for commercial agreements. Participants will learn about tribal rights, governing structures, corporate mechanisms like Section 17 corporations, and the different types of tribal lands including trust, allotted, and fee lands.

Benjamin A. Mayer

K&L Gates LLP

Endre M. Szalay

K&L Gates LLP

clock 2:20 pm - 2:35 pm EST

Federal Laws Governing Energy Development on Lands

Benjamin A. Mayer

K&L Gates LLP

Endre M. Szalay

K&L Gates LLP

This session examines tribal jurisdiction over non-Indians under the Merrion and Montana frameworks, including recent case law developments. Participants will explore how federal laws of general application apply to tribal lands and the interplay between tribal, federal, and state regulatory authority.

Benjamin A. Mayer

K&L Gates LLP

Endre M. Szalay

K&L Gates LLP

clock 2:35 pm - 2:50 pm EST

Tribal Energy Agreements and Negotiation Best Practices

Benjamin A. Mayer

K&L Gates LLP

Endre M. Szalay

K&L Gates LLP

This session covers BIA oversight, leasing regulations under 25 CFR 162, and the specialized wind and solar leasing provisions including WELs and WSRs. Participants will learn practical considerations for lease applications, sovereign immunity waivers, dispute resolution provisions, and working with HEARTH Act tribes.

Benjamin A. Mayer

K&L Gates LLP

Endre M. Szalay

K&L Gates LLP

clock 2:50 pm - 3:00 pm EST

Environmental and Cultural Resource Legal Considerations

Benjamin A. Mayer

K&L Gates LLP

Endre M. Szalay

K&L Gates LLP

This session analyzes judicial interpretations of BIA leasing regulations through key cases including Desert Water Agency, Agua Caliente, and Seminole Tribe decisions. Participants will understand the Bracker balancing test application and state tax preemption issues affecting energy projects on tribal lands.

Benjamin A. Mayer

K&L Gates LLP

Endre M. Szalay

K&L Gates LLP

clock 3:10 pm - 3:25 pm EST

Renewable Energy Development Opportunities in Indian Country

Benjamin A. Mayer

K&L Gates LLP

Endre M. Szalay

K&L Gates LLP

This session highlights the enormous renewable energy potential on tribal lands, including over 6,000 gigawatts of solar and 1,000 gigawatts of wind capacity. Case studies of the Navajo Nation and Moapa Band of Paiute Indians demonstrate successful partnership models and financing structures for utility-scale projects.

Benjamin A. Mayer

K&L Gates LLP

Endre M. Szalay

K&L Gates LLP

clock 3:25 pm - 3:40 pm EST

Litigation and Dispute Resolution in Tribal Matters

Benjamin A. Mayer

K&L Gates LLP

Endre M. Szalay

K&L Gates LLP

This session presents the Osage Wind case as a cautionary tale about the consequences of failing to understand mineral rights and tribal sovereignty. Participants will learn critical lessons about due diligence, relationship building, and the severe remedies courts may impose including ejectment and substantial damages.

Benjamin A. Mayer

K&L Gates LLP

Endre M. Szalay

K&L Gates LLP

clock 3:40 pm - 3:55 pm EST

Economic Impacts of Energy on Tribal Communities

Benjamin A. Mayer

K&L Gates LLP

Endre M. Szalay

K&L Gates LLP

This session examines incentives driving renewable energy development including BIA regulations, DOE funding, state renewable portfolio standards, and the Inflation Reduction Act’s direct payment structure for tribes. Current uncertainties under the Trump administration’s energy executive orders and their potential impacts will also be addressed.

Benjamin A. Mayer

K&L Gates LLP

Endre M. Szalay

K&L Gates LLP

clock 3:55 pm - 4:10 pm EST

Recent Developments and Emerging Tribal Energy Trends

Benjamin A. Mayer

K&L Gates LLP

Endre M. Szalay

K&L Gates LLP

This session covers significant recent cases including McGirt v. Oklahoma and the pending Southpoint Energy Center case regarding state taxation on tribal trust lands. Participants will learn key contract provisions for protecting tribal interests including dispute resolution, revenue sharing, and tribal employment preferences.

Benjamin A. Mayer

K&L Gates LLP

Endre M. Szalay

K&L Gates LLP

01 08
Prev
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speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Benjamin A. Mayer

K&L Gates LLP

Endre M. Szalay

K&L Gates LLP

Benjamin A. Mayer

K&L Gates LLP

Ben Mayer advises and represents public, private, and government clients on environmental, energy and natural resources, and utility law and regulatory matters. He also works with clients on projects and partnerships with Native American tribes.

Experience

Ben helps clients navigate federal and state environmental cleanup and land use laws and regulations, including CERCLA, Washington Model Toxics Control Act, NEPA, Washington State Environmental Policy Act, and the National Historic Preservation Act. He also advises clients on energy laws, regulations, and public policy applicable to utilities, generating facilities, carbon emissions, and the clean energy transition, including Washington's Clean Energy Transformation Act, Climate Commitment Act, and Clean Buildings law.

Benjamin A. Mayer

K&L Gates LLP

Ben Mayer advises and represents public, private, and government clients on environmental, energy and natural resources, and utility law and regulatory matters. He also works with clients on projects and partnerships with Native American tribes.

Experience

Ben helps clients navigate federal and state environmental cleanup and land use laws and regulations, including CERCLA, Washington Model Toxics Control Act, NEPA, Washington State Environmental Policy Act, and the National Historic Preservation Act. He also advises clients on energy laws, regulations, and public policy applicable to utilities, generating facilities, carbon emissions, and the clean energy transition, including Washington's Clean Energy Transformation Act, Climate Commitment Act, and Clean Buildings law.

Endre M. Szalay

K&L Gates LLP

Endre Szalay is a partner in the Environment, Land, and Natural Resources group who assists a broad range of clients in developing compliance strategies to solve complex problems, with a focus on environmental statutes including the Clean Water Act, NEPA, Endangered Species Act, and CERCLA.

Experience

Member of the firm's top-ranked environmental litigation practice, assisting clients in complex litigation involving environmental statutes, Administrative Procedure Act, and constitutional causes of action. Prior to joining K&L Gates, served as assistant regional counsel for U.S. EPA Region 10, working on complex environmental enforcement, civil defensive litigation, permitting matters, and regulatory counseling. Served as Region 10's Senior Water Enforcement Attorney handling enforcement actions under CWA and Safe Drinking Water Act, and was lead attorney for CWA jurisdictional issues including waters of the United States rulemaking and mining-related issues.

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Why Attend

Why this 
program matters

Understanding tribal sovereignty, federal regulations, and the unique jurisdictional frameworks governing energy development on Native American lands is essential for practitioners to navigate complex legal requirements and avoid costly litigation.
574
Federally recognized American Indian tribes and Alaska Native villages in the United States maintain government-to-government relationships with the federal government.
6.5%
U.S. utility-scale renewable energy technical potential is located on tribal lands, which comprise only 5.8% of U.S. land area, indicating disproportionately high resource density.
17k+
Tribal homes across the nation have no electricity, impacting at least 54,000 people, according to the DOE Tribal Electricity Access and Reliability Report to Congress.
$14B
Federal funding allocated solely for 574 federally recognized tribes through recent legislation including the Inflation Reduction Act and Bipartisan Infrastructure Law.

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