Tribal Consultations: A Lesson From the Standing Rock Dispute

Dakota Access Saga Highlights Value of Tribal Consultations
– Law360
Law360 interviewed Manatt’s Craig Moyer, co-chair of the firm’s energy practice, for an article on why energy infrastructure developers should consider reaching out and ironing out potential disputes with Native American tribes early on in a project.
Law360 reports that although Trump has created a more advantageous climate for infrastructure developers, the recent Standing Rock controversy and ongoing litigation over the project put companies on notice that they may face more difficulties getting projects approved unless they anticipate and prevent tribes’ objections.
While developers may look to the Trump administration to cut through a tangle of administrative red tape, that strategy is less effective than establishing a solid record of engagement with any tribes that may be affected by a project, said Moyer.
“You want to make it easier for regulators to say yes, and outreach to a wider circle of stakeholders makes it easier for the regulator to say yes in the first instance,” he added.


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