Energy and Utility Projects on Tribal Lands: Regulations, Financing, Deal Structures
A live 90-minute premium CLE video webinar with interactive Q&A
This CLE course will provide energy and utility counsel guidance on developing, financing, and operating energy projects on tribal lands. The panel will discuss investment agreements, leases, rights-of-way, financing, permitting, contractual structures, and incentives that can be leveraged.
Outline
- Introduction
- Current state of energy and utility development on tribal lands
- Regulatory authority and requirements
- Investment and financing mechanisms
- Development and operational considerations
- Ownership/parties: tribal/non-tribal
- Leases, ROW, access, permitting, consultation
- Deal structure and drafting best practices
- Practitioner takeaways
Benefits
The panel will review these and other key issues:
- What are the current considerations for the development and regulation of energy projects on tribal lands?
- Who has jurisdiction over projects on tribal lands?
- What must be done to successfully site, permit, and develop the projects?
- What financing options and deal structures are available, and what are the key considerations for investors?
Faculty

Bryan C. Shade
Partner and Team Co-Leader, Indian Law
Lippes Mathias
As a member of the Lippes Mathias Indian Law Practice Team, Mr. Shade concentrates his practice on advising tribal... | Read More
As a member of the Lippes Mathias Indian Law Practice Team, Mr. Shade concentrates his practice on advising tribal clients on issues ranging from gaming and economic development to self-governance and self-determination, and claims settlement and litigation. He is an experienced federal Indian law attorney who has represented tribes and Indian Country in a variety of roles on both sides of the federal-tribal table. Mr. Shade is currently with the DC office of Lippes Mathias LLP, and formerly served as an attorney/advisor for Indian Affairs at the Department of the Interior where he advised the Assistant Secretary – Indian Affairs, the Deputy Assistant Secretaries for Indian Affairs for Management, Policy, and Economic Development, Director, Bureau of Indian Affairs, and the Office of Tribal Self-Governance on various issues relating to the federal trust responsibility to Tribal Nations.
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Ian A. Shavitz
Partner and Team Leader, Environment & Energy
Lippes Mathias
Mr. Shavitz is the Team Leader of the firm’s Environment and Energy Practice Team, and has more... | Read More
Mr. Shavitz is the Team Leader of the firm’s Environment and Energy Practice Team, and has more than 20 years of experience counseling and advocating for clients on environmental and land use issues associated with developing large-scale infrastructure, energy, and commercial projects; securing federal, state and local governmental permits and approvals; advising sellers, purchasers, lenders, and investors on environmental issues associated with corporate, real estate and energy transactions; and advocating for favorable policy decisions and legislation before Congress. His clients have included corporations, municipalities, developers, investors, state and local governments, private equity funds, and Indian tribes. Mr. Shavitz’s practice is national in scope, he has particular expertise advising clients on projects, transactions and legal issues in New York State, where he has practiced for his entire career, and on federal issues in Washington, D.C. Prior to joining Lippes Mathias, he practiced law at Akin Gump Strauss Hauer & Feld LLP in Washington, D.C., in the Environmental and Public Law and Policy practice groups.
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