New Mexico Court of Appeals Affirms Ruling that a Parcel Within the Former Fort Wingate Military Reservation is “Indian Country”
In State of New Mexico v. Steven B., No. 31,322 (N.M. Ct. App., April 1, 2013), the New Mexico Court of Appeals held that the State lacked criminal jurisdiction over a crime committed on Parcel Three of the former Fort Wingate Military…
The Grand Canyon Sky Walk, Continued: Bad Faith, Jurisdiction, and Who’s On (the Bench) First
The Case: In the latest round of the multi-pronged litigation, Grand Canyon Skywalk Development, LLC v. ‘Sa’ Nyu Wa, Inc., (GCSD I),[1. No. CV-12-08183-PCT-DGC (D. Az. Feb. 11, 2013).] the Ninth Circuit Court of Appeals entered a significant decision on April 26, 2013,…
The Pueblo of Sandia’s Leasing Regulations and What Businesses Need to Do to Enter into Leases
The Pueblo of Sandia (“Pueblo”) was the first tribe in New Mexico, and the second in the United States, to receive approval by the Secretary of the Interior for its tribal leasing regulations promulgated under the Helping Expedite and Advance Responsible Tribal…
Grand Canyon Sky Watch Arizona Federal Court Addresses Arbitration Enforceability
The Case: The order entered February 13, 2013, in Grand Canyon Skywalk Development, LLC v. ‘Sa’ Nyu Wa, Inc.[1. No. CV-12-08183-PCT-DGC (D. Az. Feb. 11, 2013).] reflects important principles supporting the enforceability of arbitration awards when a dispute arises in economic development in…
BIA Issues Final Regulations Governing Residential, Business, and Wind and Solar Resource Leasing on Indian Lands
The Revised Rule: On November 27, 2012, the Bureau of Indian Affairs issued the long-awaited and substantially revised regulations[1. See Notice of Final Rulemaking, 77 Fed. Reg. 72,440 (Dec. 5, 2012).] addressing non-agricultural surface leasing of Indian land under the Indian Long Term…
Court 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.
In a recent ruling in the Lower Rio Grande Adjudication, State of New Mexico, ex rel. Office of the State Engineer v. Elephant Butte Irrigation District et al.,…
