Comments Sought on Proposed Indian Oil Valuation Amendments
Notice: Office of Natural Resources Revenue Releases Proposed Indian Oil Valuation Amendments On June 19, 2014, the Department of the Interior (DOI) through the Office of Natural Resources Revenue (ONRR) announced a proposed rulemaking for oil royalty calculations on Indian Tribal and…
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…
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…
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…
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…
D. C. Circuit Invalidates Indian Country Air Quality Rule
On Friday, January 17, 2014, the United States Court of Appeals for the District of Columbia Circuit vacated that portion of the Environmental Protection Agency’s (“EPA”) 2011 regulation entitled “Review of New Sources and Modifications in Indian Country,” 76 Fed. Reg. 38,748 (codified at 40…
Native American Law Watch – Winter 2013
View as PDF The Winter 2013 edition of Modrall Sperling’s Native American Law Watch includes: Articles: * Assistant Secretary-Indian Affairs Issues Final Rule for Fee-to-Trust Procedures * Jurisdiction for Injuries Arising at Tribal Casinos: The Importance of Clear Dispute Resolution Terms * Jemez Pueblo’s Aboriginal…
Native American Law Watch – Fall 2013
View as PDF The Fall 2013 edition of Modrall Sperling’s Native American Law Watch includes: Tribal Sovereign Immunity Application: New Mexico Court of Appeals Split Opinion Rules Tribal Sovereign Immunity Does Not Apply in Action to Declare Road Status on Tribal Fee…
New Mexico’s Domestic Well Statute is Ruled Constitutional
The New Mexico Supreme Court issued its opinion today in Bounds v. State of New Mexico ex rel. State Engineer, Nos. 32,713 & 32,717 (July 25, 2013), holding that the New Mexico Domestic Well Statute does not violate the New Mexico Constitution’s doctrine…