Articles

Mar 07, 2017Guidance for New Mexico Employers: Criminal Background Checks for Job Applicants
Feb 25, 2017Three Things New Mexico Employers Should Know for 2017
Feb 13, 2017Appearing in Tribal Court
Feb 08, 2017Mineral Reservation Clause Allowing Mining Did Not Constrain Surface Owner's Public Opposition
Jan 25, 2017EPA Publishes Final Resource Conservation and Recovery Act Hazardous Waste Generator Improvements Rule
Jan 19, 2017Considerations with Renewable Energy Development and Severed Mineral Estates
Jan 12, 2017The BLM's New Venting and Flaring Rule: Potential Future Developments
Jan 05, 2017EPA's Final Assessment Regarding the Impact of Hydraulic Fracturing on Drinking Water Resources
Dec 28, 2016New Mexico's Mancos Shale Development: "Go Ahead" to BLM on Oil and Gas Well Approvals is Affirmed by the U.S. Court of Appeals
Dec 02, 2016The ADEA Does Not Abrogate Tribal Sovereign Immunity: Eleventh Circuit Confirms Recent Trend
Nov 22, 2016Dakota Access Controversy: Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers, Policy Review of Federal Government's Tribal Consultation Obligations, and Why This Matters to Us
Sep 27, 2016Guidance for Employers Dealing with Mental Illnesses in the Workplace
Sep 13, 2016BLM's Hydraulic Fracturing Rule Applicable to Indian Lands Is Back in Play—For Now
Sep 06, 2016Native American Trust Asset Reform Act Becomes Law: New Tribal Options, Questions Unanswered
Aug 30, 2016Recent Cases Confirm Sovereign Immunity
Aug 23, 2016The Silver Lining: Efficiencies in BIA's Newly Effective Right-of-Way Regulations
Aug 17, 2016Equally Divided United States Supreme Court Affirms Tribal Jurisdiction over Tort Claims Against Nonmembers
Aug 09, 2016BLM's Venting and Flaring Proposal
Aug 02, 2016New Rules and Draft Policy on Critical Habitat Designations
Jul 27, 2016Update on Reverse Discrimination Claims in New Mexico
Jul 26, 2016How the New FLSA Regulations May Impact You and Your Company
Jul 19, 2016Update on Medical Marijuana and Employment Law in New Mexico
Jul 13, 2016Guidance for New Mexico Employers: Misclassification of Independent Contractors
Jul 07, 2016Update on Challenge to U.S. EPA's Waters of the United States Rule
Jun 21, 2016New Mexico Mining Commission Narrowly Expands Minimal Impact Permitting Opportunities for Certain Mining Operations
Jun 16, 2016CERCLA Claims against United States and Laguna Pueblo Entities Dismissed
Jun 10, 2016EEOC Issues New Wellness Program Rules
Jun 03, 2016What New Mexico Employers Need to Know about the U.S. Supreme Court's Recent Decision Regarding Constructive Discharge Claims
Jun 01, 2016The DOL's New FLSA Regulations - Millions Entitled to Overtime Wages Beginning December 1, 2016
May 26, 2016Tribal Nations, CERCLA Litigation, and Sovereign Immunity
May 19, 2016Deal or no Deal? - Partial Dismissal of CERCLA Claims Against United States and Tribal Entities
May 18, 2016Endangered Species Act Issues Relevant to Public Lands
May 12, 2016HIPAA for New Mexico Covered Entity Employers: Avoiding Penalties
May 11, 2016The FAST Act Seeks to Expedite Multi-Agency NEPA Compliance for Large Infrastructure Projects
May 09, 2016Are New Mexico Employers Required to Accommodate Obesity Under the ADA?
May 05, 2016Reservation Diminishment: Implications for Tribal Taxing Powers over Non-Members
Apr 21, 2016Professor Kevin Washburn: Reflections on Service as Assistant Secretary-Indian Affairs, the State of Indian Law in 2016, and Returning Home to New Mexico
Apr 13, 2016Scientific Opinions: Differences Between Federal and New Mexico Law
Mar 31, 2016New Mexico's Whistleblower Statute 101: A Crash Course
Mar 18, 2016Indian Law Cases Pending Before the Supreme Court Worth Following
Mar 11, 2016Indemnification Clauses after Safeway
Mar 08, 2016Four Changes to BIA's Right-Of-Way Regulations That Grantees and Applicants Should Know
Feb 24, 2016Wind Energy: Challenged Under Federal Regulations, but More Native American Nations Appear to Be Embracing Its Development
Feb 18, 2016Tips for Conducting Employee Investigations
Feb 17, 2016State Taxation Precluded by Extensive and Exclusive Federal Regulation of Indian Leasing
Feb 05, 2016Bondholders and Trustee Avoid Tribal Court Jurisdiction on Defaulted Bonds
Jan 28, 2016Federal District Court Sets Aside Fish and Wildlife Service's 30-Year Take Permit Rule Under Bald and Golden Eagle Act
Jan 28, 2016Protecting New Mexico Employers from Inadvertent FMLA Violations: What can your employee do (or not) while on FMLA leave?
Jan 27, 2016Modrall Sperling's Recent Successes for New Mexico Employers
Jan 14, 2016Seismic Operations Held Subject to Notice and Negotiation Requirements of Surface Owners Protection Act
Jan 12, 2016Water Rights as Collateral – Challenges and Considerations in Protecting and Assigning Value
Dec 30, 2015Overview of the Twelve Objectives in New Mexico's New Energy Plan
Dec 22, 2015What Employers Need to Know About New Mexico's Domestic Abuse Leave
Dec 15, 2015New Mexico Has Some Unique Employment Laws
Dec 15, 2015Can You Challenge the Corps' Clean Water Act Jurisdictional Determinations Without First Going Through the Permit Process?
Dec 11, 2015BLM's Mancos Shale APD Approvals Survive Preliminary Injunction Motion Brought Within a NEPA Challenge
Dec 04, 2015EPA Assesses Potential for Hydraulic Fracturing to Impact Drinking Water Sourcesi
Nov 20, 2015BLM's Controversial Hydraulic Fracturing Rule is Postponed Nationwide
Nov 13, 2015The Clean Water Rule: Troubled Waters Ahead for the EPA and Corps
Oct 26, 2015To Evaluate or Not to Evaluate? A Question for New Mexico Employers
Oct 26, 2015An Employee's Bankruptcy Can Assist New Mexico Employers Defend Against The Employee's Claims
Oct 05, 2015Dependent Indian Communities: Existential Determination Impacts State and Federal (and Tribal?) Jurisdiction
Sep 28, 2015New Mexico State Court Judge Grants Summary Judgment For Employer in Medical Marijuana Case
Sep 08, 2015Southern Ute Sues to Bar Applying BLM's Fracking Rule to Tribal Oil and Gas
Aug 27, 2015Pueblo of Jemez v. United States: Tenth Circuit Resurrects Land Claim – Unique Circumstance or Cloudy Title on the Horizon?
Aug 27, 2015New Mexico Employers Can Limit Liability Under The Faragher-Ellerth Defense
Aug 27, 2015New Rules For Participation In Employer Wellness Programs Proposed
Aug 26, 2015Bagel Breakfasts are Back!
Aug 12, 2015Speaking Engagements
Jul 15, 2015Enforceability of Arbitration Provisions in Agreements with Tribes or Tribal Entities
Jul 01, 2015EEOC Recommends Pro-active Training and Well-defined Policies to Help Employers Protect Themselves Against Costly Employment Lawsuits
Jun 25, 2015Jurisdiction over Suits Against Tribal Entities or Employers
Jun 19, 2015Indian Reserved Water Rights: Groundwater Included
Jun 16, 2015Understanding and Planning for How Bankruptcy Might Impact Responsibility for Environmental Liabilities
Jun 12, 2015Washington Court Rules Property Tax Incentive Benefitting Indian Tribes Is Unconstitutional
Jun 04, 2015Federal District Court Upholds Uranium Mining Within a Traditional Cultural Property Without Further NEPA Review and With Abbreviated NHPA Consultation
Jun 01, 2015Favorable Employment Law Decision in Garcia v. APS
Jun 01, 2015Does the NLRB Have Jurisdiction over Tribal Entities? Congress or the 6th Circuit May Decide
May 28, 2015Balancing Opposing Cultural and Religious Beliefs on a Shared Reservation: Agency consideration of "Native American culture" not enough to demonstrate narrowly tailored compelling interest
May 17, 2015Employee Dress Codes: Balancing The Image Of The Company With the Individual Rights Of Employees
May 07, 2015Revised Draft Guidance Regarding Greenhouse Gas Emissions and Climate Change in NEPA Reviews
May 01, 2015Environmental Groups Sue to Stop Fracking Near Chaco Canyon
Apr 23, 2015Best Practices for Outside Counsel
Apr 21, 2015New Mexico Oil Conservation Commission Adopts New Produced Water Regulations
Apr 16, 2015No Mora Moratorium on Drilling
Mar 31, 2015BLM Publishes New Rule for Hydraulic Fracturing; Oil and Gas Groups Bring Challenge
Sep 23, 2014BNY V. Romero: Important Lessons For Foreclosure Practice in New Mexico
Jul 25, 2014Tribal Employment Preference Laws
Jul 22, 2014Indigenous Peoples' Rights to Sacred Sites and Traditional Cultural Properties and the Role of Consultation and Free, Prior and Informed Consent
Jul 07, 2014Turning Guano into Gold
Jun 30, 2014Handling the Application, Lease, Transfer, and Sale of Water Rights
May 30, 2014New Mexico Supreme Court Validates Designation of Mt. Taylor as a Traditional Cultural Property1
May 23, 2014Recreational Release Enforced: Modrall Sperling Obtains Summary Judgment for Indoor Climbing Gym Sued for Negligence
Jan 02, 2014Jurisdiction for Injuries Arising at Tribal Casinos: The Importance of Clear Dispute Resolution Terms
Jan 01, 2014Same Sex Marriage: What Do Employers Need to Know?
Dec 31, 2013Jemez Pueblo's Aboriginal Title Claims to the Valles Caldera Dismiss; Pueblo Appeals
Nov 13, 2013Assistant Secretary-Indian Affairs Issues Final Rule for Fee-to-Trust Procedures
Oct 31, 2013Tribal Payday Lending
Oct 16, 2013Bad News in the Latest UN Report on Climate Change
Oct 13, 2013Eighth Circuit Holds that Dish Network Must Exhaust Tribal Remedies
Sep 29, 2013The Navajo Supreme Court Highlights Importance of Jurisdiction to Tribal Courts
Sep 25, 2013Defense Win
Sep 17, 2013Constitution Day 2013 - Are You Smarter than a Fifth Grader?
Sep 13, 2013New Mexico Court of Appeals Split Opinion Rules Tribal Sovereign Immunity Does Not Apply in Action to Declare Road Status on Tribal Fee Land
Aug 20, 2013Assistant Secretary-Indian Affairs Proposed Changes to Fee-to-Trust Procedures
Jul 15, 2013French Court Allows Auction of Sacred Hopi Artifacts to Proceed
Jul 05, 2013IRS Concludes Tribe May Pass on to Lessee Investment Credits Associated with Renewable Energy Asset
Jul 01, 2013Confidentiality Agreements and Due Diligence
Jun 25, 2013New Mexico Court of Appeals Affirms Ruling that a Parcel Within the Former Fort Wingate Military Reservation is "Indian Country"
Jun 15, 2013The Grand Canyon Sky Walk, Continued: Bad Faith, Jurisdiction, and Who's On (the Bench) First
May 30, 2013The Pueblo of Sandia's Leasing Regulations and What Businesses Need to Do to Enter into Leases
May 01, 2013Grand Canyon Sky Watch Arizona Federal Court Addresses Arbitration Enforceability
Apr 24, 2013Commercial Lease Provisions and Issues
Apr 20, 2013Salt River Project v. Lee Navajo Nation Held to Waive Regulation of Employment
Apr 19, 2013Indigenous Peoples' Rights to Sacred Sites and Traditional Cultural Properties and the Role of Consultation and Free, Prior, and Informed Consent
Apr 01, 2013BIA Issues Final Regulations Governing Residential, Business, and Wind and Solar Resource Leasing on Indian Lands
Mar 28, 2013Tribal Employment Laws: Legal and Cultural Considerations
Mar 20, 2013Is Federal Court the Right Court? Jurisdiction, Venue and Local Court Procedure
Mar 18, 2013Overview of Federal Rule 68 v. New Mexico Rule 1-068
Oct 01, 2012Foundations for Courtroom Excellence
Sep 12, 2012Court Rules Source of Water for the Rio Grande Project is Limited to Surface Waters; State of New Mexico, ex rel. Office of the State Engineer v. Elephant Butte Irrigation District, et al.
Sep 05, 2012Water and Renewable Energy Generation in the Western United States: An Overview of Current Challenges and Opportunities
Aug 24, 2012Despite Pollution Exclusions, Supreme Court Finds Insurance Coverage Possible for Uranium Mining Company's Legacy Sites
Jun 15, 2012Consultation Under the Endangered Species Act on the Klamath River
May 01, 2012Sued in Tribal Court?
Apr 26, 2012Cultural Resources Management: Tribal Rights, Roles, Consultation, and Other Interests (A Developer's Perspective)
Jan 09, 2012Legal Malpractice State of New Mexico
Nov 28, 2011Sizing Up Traditional Cultural Property in New Mexico
Nov 19, 2011Commercial Real Estate Workouts And Foreclosure Issues
Nov 14, 2011Confidentiality Agreements and Due Diligence
Aug 01, 2011Wills and Trusts, 2011
Aug 01, 2011Charitable Giving, 2011
Jul 08, 2011Tribal-Industry Partners in Resource Development
Jun 13, 2011 Deciphering Title to 'Native American' Land: Turf Battle on a Checkerboard?
May 01, 2011Unrelated Business Taxable Income
May 01, 2011Intermediate Sanctions
Apr 22, 2011Tribal Employment Preferences and Employee Protection Laws
Oct 22, 2010Top Ten (More or Less) Ethical Issues in the NEPA Process
May 19, 2010General Mining Law of 1872 Does Not Preempt New Mexico's Exploration Permitting Regime
May 19, 2010Top Ten (More or Less) Ethical Issues in the NEPA Process
Sep 11, 2009Developing Energy Projects on Federal Lands: Tribal Rights, Roles, Consultation, and Other Interests (A Developer's Perspective)
Aug 24, 2009Indian Country: Courts Split on Test and Outcome
Jul 23, 2009The End of the Federal Pre-emption Defense?
Apr 22, 2009Ninth Circuit Decides "Snowbowl" Case
Apr 03, 2009Ninth Circuit Holds Tribal Court Lacks Jurisdiction Over Federal Trademark Infringement and Related State Law Claims
Mar 25, 2009Designation of Energy Corridors on Federal Lands
Feb 17, 2009Proposed FMLA Bill (2/09)
Feb 13, 2009New Mexico Senate Bill 387 - Proposed Overhaul of the Natural Resources Trustee Act
Jan 21, 2009Navajo Nation Labor Commission Rules it Lacks Jurisdiction
Oct 13, 2008New Mexico Court of Appeals Says No To Federal Reserved Water Rights for State School Lands
Sep 28, 2008ADA Amendments - Q & A for Employers
Sep 12, 2008New Mexico's Learned Intermediary Doctrine: On the Ropes?
May 14, 2008Modrall Sperling Obtains a Defense Verdict After a Five day Jury Trial on Title VII
Dec 01, 2007Employees' Right to Reinstatement Under FMLA
Dec 01, 2007Be Wary When Using Tests to Screen Job Applicants
Dec 01, 2007Sexual Harassment Not Limited to Male Against Females
Nov 14, 2007Employer Liability for Employee Actions: Derivative Negligence Claims in New Mexico
Nov 01, 2007Has the Social Security Administration's "No Match" Letter Met its Match?
Oct 01, 2007FLSA Applies to Business Located on Tribal Land
Jul 31, 2007Anatomy of Family Business Succession
Jun 01, 2007Is Closeness In Time Enough to Establish Retaliation
Jun 01, 2007Employer's Failure To Act on a Complaint Leads to Title VII Liability
Jun 01, 2007Be Wary When Dealing with Perceived Disabilities
Jun 01, 2007No Age Discrimination When Replacement Not Substantially Younger
May 01, 2007Statutes of Limitation in 1983 Claims
Mar 20, 2007Competitiveness of New Domestic Nuclear Power In the Post-EPACT Environment
Feb 03, 2007The NEPA Process: What Do We Need To Do And When?
Jan 17, 2007New Mexico Court of Appeals Clarifies the Circumstances Under Which an Insurer is Subrogated
Dec 28, 2006Labor and Employment Issues in Indian Country: A Non-Indian Business Perspective
Dec 26, 2006New Mexico Supreme Court Reinstates Regulatory Takings
Dec 26, 2006Three Barriers In The Nuclear Power Steeplechase
Dec 26, 2006Sacred Sites and Cultural Resource Protection: Implications for Mineral Development On -- And Off -- Indian Lands
Jul 14, 2005Miles From Three Mile Isle; Warming To Nuclear Energy
Oct 05, 2004New Mexico Court of Appeals Rejects Discovery Rule in Wrongful Death Act Claims
Aug 13, 2004New Mexico Adopts More Stringent Uranium Ground Water Standard
Apr 03, 2004Preferential Rights and Exculpatory Clauses
Jan 01, 2004Discovery Rules Do Not Necessarily Rule in Wrongful Death Claims
Nov 24, 2003Arbitration of Uninsured Motorist Claims Not Required
May 19, 2003Indirect Purchaser Antitrust Claims On The Rise In New Mexico
Jan 10, 2003Federal Agencies Subject to the Data Quality Act
Nov 15, 2002Tribal Sovereignty and Lending in Indian Country
Nov 13, 2002"Modal" Insurance Premium Class Action Litigation: Coming to a Courthouse Near You?
Nov 07, 2002CGL Policy Covers Loss of Computer Data
Oct 22, 2002The Impact of Atkinson on "Treatment as States" Jurisdictional Determinations
Aug 27, 2001Update on Water Law
Jun 27, 2001United States Supreme Court Holds Tribal Courts Are Not Courts of "General Jurisdiction"
Oct 16, 2000What Lenders Are Looking For in a Small Business
Aug 18, 2000EPA Issues Draft Guidance On Design Of Flexible Air Permits
Jul 14, 2000Legal Handbook For School Administrators
May 18, 2000D.C. Circuit Affirms EPA's Clean Air Act Treatment As States Rule
May 01, 2000Supreme Court Reaffirms That State Tort Claims Against Railroads Based on Alleged Inadequacy of Warning Devices at Crossings Are Preempted By Federal Law
May 01, 2000Employer Liability for Employee Conduct: When Does an Employee Have to Pay?
Apr 07, 2000Joint Development of Potash and Oil and Gas Reserves; The Tenth Circuit Defers to the IBLA Rather than to BLM
Apr 03, 2000International Environmental Claims Against Mining Company Rejected
Apr 02, 2000Federal Court Invalidates Federal and Indian Gas Leasing Rule
Feb 04, 2000Tenth Circuit Addresses "Indian Country"
Feb 01, 2000Employers' Need to Know: Employees' Rights to Privacy
Dec 10, 1999Tenant Checklist for Commercial Leases
Oct 08, 1999Changes to the A201 - The Architect's Perspective
Jul 30, 1999Mining Commission Adopts Procedural Rules
Jun 24, 19991999 Federal Mining Law Update
May 20, 1999The Clean Air Act "Treatment As States" Rule
May 20, 1999The Federal Trust Responsibility
Mar 06, 1998Natural Resources In and Around Indian Country
Nov 13, 1997Alternative Disputes Resolution in Inter-Jurisdictional Disputes: An Industry Perspective
Jul 18, 1996Puzzling Powers: Tribal/Federal/State Jurisdiction in Indian Country
May 02, 1996Petroglyphs And Lithic Scatters: Management Prescriptions For Historical, Cultural, And Archeological Resources
Jan 25, 1996Potsherds And Petroglyphs: Effects Of Cultural Resources Management On Public Lands Development
Oct 19, 1995Exhaustion Of Tribal Remedies: Jurisdiction, Geography, And The Interests Of The Litigants
Mar 09, 1995Assignments and Consent; Let's be Reasonable!
Oct 27, 1994Resolving Gender Conflict In The Workplace: Consensual and Nonconsensual Conduct
Apr 10, 1993Environmental Regulation on Indian Lands: A Business Perspective
Jan 30, 1993Environmental Compliance Considerations for Developers of Indian Lands