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Native American Law Watch – Summer 2014

View as PDF Articles: Supreme Court Affirms Indian Gaming Regulatory Act Does Not Abrogate Sovereign Immunity for Suit Alleging Illegal Gaming Occurring on Non-Indian Lands  The United States Supreme Court’s opinion in Michigan v. Bay Mills Indian Communityaffirmed the ruling below that the…

New Mexico Supreme Court Validates Designation of Mt. Taylor as a Traditional Cultural Property

Introduction:  In a case that may have national significance, the New Mexico Supreme Court upheld the New Mexico Cultural Properties Review Committee’s (“Committee”) permanent designation of approximately 400,000 acres of public lands on Mt. Taylor in west‐central New Mexico as a traditional…

Final Report on Water Planning Town Hall

New Mexico First released its Final Report compiled during the Town Hall on Water Planning, Development and Use, held in Albuquerque on April 15 and 16, 2014.  The Town Hall drew its participants from business, government and community leaders from around the…

Recreational Release Enforced: Modrall Sperling Obtains Summary Judgment for Indoor Climbing Gym Sued for Negligence

Signing a liability waiver and release is a common prerequisite to participating in recreational activities, from exercising in a gym to riding in a hot air balloon.  Accidents do happen, and just because a participant has signed a release does not mean…

National Recognition in Chambers USA 2014

Modrall Sperling has received high honors in the 2014 Chambers USA. For the sixth year, the firm’s Native American Law practice has achieved national recognition.  Sixteen firm lawyers…

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Comments Sought on Proposed Rule Changes to the Endangered Species Act Affecting the Regulation of Critical Habitats

The Fish and Wildlife Service (FWS), the National Oceanic and Atmospheric Administration (NOAA), and the National Marine Fisheries Service (NMFS) published three proposed rules in the Federal Register (FR) on May 12, 2014.  The comment period for both rules is 60 days,…

EPA’s Policy on Environmental Justice for Working with Federally Recognized Tribes and Indigenous Peoples

On April 30, 2014, the United States Environmental Protection Agency (“EPA”) announced a public comment period to obtain input on a revised draft of the EPA policy on environmental justice for working with federal recognized tribes and indigenous peoples. The public comment…

47 Modrall Sperling Attorneys Named 2014 Southwest Super Lawyers®

Modrall Sperling is pleased to announce 47 of its attorneys have been named to the 2014 list of Southwest Super Lawyers®.  Each year, Southwest Super Lawyers® compiles a list of…

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Michael Anthony Hired as Chief Operating Officer of Modrall Sperling

ALBUQUERQUE — Modrall Sperling has hired Michael L. Anthony as its Chief Operating Officer.  In this role, Anthony leads the management of finance and accounting, human resources, marketing,…

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Native American Law Watch – Spring 2014

View as PDF The Spring 2014 edition of Modrall Sperling’s Native American Law Watch includes: Articles: BHP Billiton Sells Navajo Mine Coal Company to Navajo Nation Recent Challenges to EPA’s “Indian Country” Clean Air Act Jurisdictional Determinations New Mexico Supreme Court Validates…