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Expert Analysis

Tribal Consultation Opportunity Could Change US Landscape

Law360, New York (September 26, 2016, 4:02 PM EDT) -- On Sept. 9, 2016, Indian Country was thrilled to see the Obama administration stand beside tribes in their opposition to the Dakota Access Pipeline on the Standing Rock Reservation. In an unexpected joint statement, the U.S. Department of Interior, U.S. Department of Justice and the U.S. Department of the Army halted the construction stating "this case has highlighted the need for a serious discussion on whether there should be nationwide reform with respect to considering tribes' views on these types of infrastructure projects." The departments invited tribes to participate in formal, government-to-government consultations on two questions:...

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