Tadas Kiselius of Van Ness Feldman: Increasingly, environmental regulators are emphasizing the need for Tribal consultations in the permitting process. Most recently, Washington State’s Attorney General announced a new Tribal consultation policy that requires the AG's Office to obtain consent before initiating a program or project that impacts Tribes. What is the foundation for and scope of these consultation requirements? Do the process and outcomes differ depending on statutory authority? How can we secure a successful consultation?
Tadas Kiselius of Van Ness Feldman: Increasingly, environmental regulators are emphasizing the need for Tribal consultations in the permitting process. Most recently, Washington State’s Attorney General announced a new Tribal consultation policy that requires the AG's Office to obtain consent before initiating a program or project that impacts Tribes. What is the foundation for and scope of these consultation requirements? Do the process and outcomes differ depending on statutory authority? How can we secure a successful consultation?
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