Native American Law Watch – Winter 2015
Articles:
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Financing affordable housing in Native American Communities
Funding a housing development project using funds earmarked for tribal housing and funds limited under Title VI and VIII can be done in full compliance with federal law. The proper corporate structure is necessary to ensure successful development. Continue Reading.
- Solar Reservations: BLM’s “Fast Track” approvals of solar projects on federally administered lands causing concern
An analysis of solar energy development projects on federal land, this article review development of solar energy by the Hopi Nation, and challenges to solar energy projects by the Quechan Tribe and the Colorado River Indian Tribes. Like any large-scale development project on Tribal lands, compliance with applicable Tribal and Federal law is paramount to a project’s success. Continue Reading.
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Supreme Court denies certiorari in Seminole Tribe of Florida v. Florida Department of Revenue; a device potentially avoiding Ex parte Young challenges escapes review
In denying a petition for certiorari, the Supreme Court lets stand an Eleventh Circuit opinion prohibiting a challenge to a State tax scheme that imposed a fuel tax on the Seminole Tribe. The opinion prevents a State or its officers from being sued for prospective relief where that relief would require a refund from the State’s tax coffers. Continue Reading.
Of Note:
- High Court could rule on arbitration in a tribal forum:
Supreme Court presented with writ of certiorari to determine whether tribal arbitral forum may be invoked under the Federal Arbitration Act. Continue Reading.
- Navajo Nation Code cannot be invoked by Chapter 11 trustee:
A third party bankruptcy trustee is not entitled to raise questions of compliance with Navajo Nation law. Continue Reading.
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New Mexico Supreme Court upholds criminal convictions of Navajo Nation members:
New Mexico State Police, operating under a cross-commission agreement with the Navajo Nation, may conduct investigations of Navajo members arrested on the Navajo Reservation in a State-run law on State land. Continue Reading.
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Tenth Circuit relies on Bay Mills to reverse Oklahoma v. Hobia:
Concluding Oklahoma did not state a claim under the Indian Gaming Regulatory Act, the Tenth Circuit reversed and remanded the district court’s preliminary injunction order. Continue Reading.
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Modrall Sperling News:
Walter Stern selected as the New Mexico State Bar Natural Resources, Energy, and Environmental Law Section lawyer of the year; Deana M. Bennett elected shareholder in Modrall’s Natural Resources department. Continue Reading.
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