Walter E. Stern

Experience

Indian Law Experience

• Represented clients in a range of transactions seeking to secure agreements, leases, and/or rights-of-way on Indian lands, and addressing forum selection, waivers of immunity from suit, tribal regulation, and deciphering tribal and federal law to identify and acquire any necessary approvals to help ensure enforceable agreements.

• Successfully represented San Juan Coal Company in obtaining injunctive relief authorizing the coal company to mine through oil and gas wells in a matter involving a coal vs. oil and gas development conflict arising from a split estate under the Coal Lands Act of 1910. See San Juan Coal Company v. Redwolf Production, Inc. (2008). Subsequently, we defeated claims for compensation and damages for the oil and gas operator.

• Represented clients in permitting and environmental compliance efforts regarding developments on Indian lands, including National Environmental Policy Act, Section 106 of the National Historic Preservation Act, the Native American Graves Protection and Repatriation Act, the Endangered Species Act, and related regulatory schemes.

• Represented the Sandia Peak Tram Company, a special use permit holder on national forest lands, in litigation and alternative dispute resolution proceedings that resulted in an amicable Indian land claim settlement requiring ratification by federal legislation, the T'uf  Shur Bien Preservation Trust Act legislation (2003).  Representation included participation in a lengthy mediation process, lobbying, and testimony before Senate Committees on Indian Affairs and on Energy and Natural Resources.

• Submitted a "Friend of the Court" or amicus curiae brief with the U.S. Supreme Court in a case which involved the scope of tribal jurisdiction over non-Indian fee lands within Reservation boundaries.  The Supreme Court ruled that the Navajo Nation lacked jurisdiction to impose certain tribal taxes under the circumstances of the case.  See Atkinson Trading Co. v. Shirley, 532 U.S. 645 (2001).

• Defended a substantial private landowner in a case involving a tribal land claim, and in related cases involving tribal jurisdictional claims over off-reservation lands and activities in northwestern New Mexico.  See Navajo Tribe v. State of New Mexico, 809 F.2d 1455 (10th Cir. 1987).

• Successfully argued that New Mexico state court, and not federal court, was the appropriate forum for a general stream adjudication involving Indian reserved water rights claims.  See United States/Pueblos of Laguna and Acoma v. Bluewater Toltec Irrigation District, et al ., 806 F.2d 986 (10th Cir. 1986).

• In an alleged conflict between the Pueblo of Santo Domingo grant and the Mesita de Juana Lopez grant located between Santa Fe and Albuquerque, New Mexico, successfully argued for the defense that the Pueblo's claims were barred under the 1924 and 1933 Pueblo Lands Acts.  See United States/Pueblo of Santo Domingo v. Leland Thompson, et al., 941 F.2d 1041 (10th Cir. 1991).

Public Lands and Related Matters

• In the general stream adjudication on the San Juan River in northwestern New Mexico, successfully opposed claims by the New Mexico State Land Office that sought to apply the federal reserved water rights doctrine to lands granted to the State of New Mexico through the New Mexico Enabling Act and related legislation.  See State of New Mexico ex rel. State Engineer and United States, et al. v. New Mexico Commissioner of Public Lands, 2009-NMCA-004 (2008).

• Successfully represented San Juan Coal Company ("SJCC") in attempts by the Navajo Nation and the U.S. Bureau of Land Management ("BLM") to place federal lands subject to SJCC's coal leases in trust as part of the Navajo Reservation.  Specifically, the case involved the validity of BLM's decision to implement Navajo Nation land selections of federal public lands for transfer into trust under provisions of the federal Navajo-Hopi Settlement Act.  Obtained an immediate stay of BLM's decision from the Interior Board of Land Appeals ("IBLA").  After efforts to find an amicable resolution acceptable to a wide range of stakeholders, obtained a favorable ruling from the IBLA that the Navajo Nation's and BLM's actions were unauthorized.  See San Juan Coal Company, 155 IBLA 389 (2001).

• Representing numerous clients in permitting projects triggering compliance with the National Environmental Policy Act, National Historical Preservation Act, Endangered Species Act, and related statutory and regulatory services.

• Experience negotiating and drafting long-term coal supply contracts, and related agreements; additionally, negotiated resolution of disputes concerning surface reclamation and royalty valuation of mining activities on Indian lands. 

Activities

Professional Activities

• Rocky Mountain Mineral Law Foundation (President, 2009-2010; Vice President, 2008-2009; Secretary, 2003-2004; Member, Board of Directors, f/k/a Executive Committee, 1999-2001, 2003-2004, 2008–2012; Program Chair, 2001 Annual Institute; Chair, Special Institutes Committee, 2002-2007; Trustee, 1997-2001, 2003-2004, 2008-present)
• American Bar Association, Section of Natural Resources, Energy and Environmental Law (Chair, Public Lands Committee 1995-1997; Chair, Alternative Dispute Resolution Coordinating Group 1994-1995)
• State Bar of New Mexico Section of Natural Resources, Energy and Environmental Law (Chair, 1989-1990)

Civic Activities

• Albuquerque Academy, Board of Trustees (Chair, 2009-present; Vice-Chair, 2008-2009; Trustee, 2003-2005, 2007-present)

Discourse

Articles

• "Cultural Resources Management: Tribal Rights, Roles, Consultation, and Other Interests (A Developer's Perspective)," Special Institute on Federal Regulation of Cultural Resources, Wildlife and Water of the U.S., Paper No. 3, (Rocky Mt. Min. L.Fdn. 2012)
• Sued in Tribal Court? USLaw Magazine Spring/Summer 2012
• Developing Energy Projects on Federal Lands: Tribal Rights, Roles, Consultation, and other Interests (A Developer's Perspective), Special Institute on Energy Development: Access, Siting, Permitting and Delivery on Public Lands, Paper No. 15A (Rocky Mtn. Min. L. Fdn. 2009)
• Labor and Employment Issues in Indian Country: A Non-Indian Business Perspective, (co-authored with Daniel W. Long), Special Institute on Natural Resources Development in Indian Country, Paper No. 15 (Rocky Mtn. Min. L. Fdn. 2005)
• Petroglyphs and Lithic Scatters, Special Institute on Resources Development, Environmental Land Management and Permitting, Paper No. 3 (Rocky Mtn. Min. L. Fdn. 1996)
• Potshards and Petroglyphs: Effects of Cultural Resources Management on Public Lands Development, 41 Rocky Mtn. Min. L. Inst. 14-1 (1995)
• Cultural Property Law: A Practitioner's Guide to the Management, Protection, and Preservation of Heritage, published by the American Bar Association, May 1, 2004 (co-authored with Stan N Harris, Sherry Hutt, Caroline M. Blanco)
• "Environmental Compliance Considerations for Developers of Indian Lands," 28 Land & Water L. Rev., 77 (1993)
• "Environmental Regulation on Indian Lands: A Business Perspective," Natural Resources & Environment, Vol. 7, No. 4 (ABA, Spring 1993)
• Top Ten (More or Less) Ethical Issues in the NEPA Process, Special Institute on National Environmental Policy Act, Paper No. 16 (Rocky Mtn. Min. L. Fdn. 2010)
• Tribal Sovereignty and Lending in Indian Country, presentation sponsored by Modrall Sperling for the Risk Management Association, January 1, 2003 (co-authored with Duane E. Brown, Margaret L. Meister, William C. Scott, Lynn H. Slade, and Timothy R. Van Valen)

Honors

• Best Lawyers "Lawyer of the Year in Oil & Gas Law - Albuquerque," 2012
• Best Lawyers "Lawyer of the Year in Native American Law - Albuquerque," 2011
• Chambers USA Directories of America's Leading Lawyers for Business in Environment, Natural Resources & Regulated Industries, and Native American Law, 2004-present
• Law Dragon 500 – New Stars New World, 2006
• Martindale-Hubbell AV® Peer Review Rated
• New Mexico Business Weekly "Best of the Bar in Native American Law, 2010"
• Southwest Super Lawyers®, (derived from a lawyer survey) 2007-present; "Top 25 Super Lawyers in New Mexico," 2007, 2008