An Overview of the Provisions of the “Tax Cuts and Jobs Act”
The new “Tax Cuts and Jobs Act” affects all Americans. In order to best serve our clients, the Modrall Sperling Tax Group has developed a summary of the new tax law, which reviews the tax provisions that affect individuals, corporations, pass-through entities,…
“Black Snakes” Or Essential Infrastructure: Dakota Access Pipeline, Standing Rock Sioux Tribe v. U. S. Army Corps of Engineers, The Federal Government’s Tribal Consultation Obligations, and Why This Matters
This paper was originally published by the Rocky Mountain Mineral Law Foundation in the Proceedings of the 63rd Annual Rocky Mountain Mineral Law Institute (2017) Introduction[1.“Black snake” was…
Indian Water Rights Settlements – Issues for Consideration From a State and Water User Perspective
This paper was originally presented at the American Bar Association 35th Annual Water Law Conference, March 28-29, 2017 ABSTRACT Indian water rights settlements have played and will continue to play an important role in resolving conflict over shared water resources throughout the United States. …
Cyber Espionage: What You Don’t Know Can Hurt You
Cyber espionage adds a unique element to the relationship between a business and its legal counsel. If your business possesses privileged information that would be useful for a competitor or an industry, then it is crucial that you obtain the best advice…
Potential Hurdle to Right-of-Way Acquisition and Renewals: The Tenth Circuit Holds Tribal Acquisition of an Undivided Interest in an Allotment Defeats Congressional Eminent Domain Authority
On May 26, 2017, the Tenth Circuit issued its decision in Public Service Company of New Mexico v. Barboan,1 upholding a New Mexico federal district court’s ruling2 that tribal ownership of even a very small fractional interest in an allotment bars condemnation…
A Historic Moment in Indian Water Rights in New Mexico: Entry of the Aamodt Final Decree
The United States District Court for the District of New Mexico entered its final decree in State of New Mexico, ex rel. State Engineer v. Aamodt, a state stream adjudication filed in 1966 (Aamodt) to determine the rights of water users in…
Dakota Access Pipeline Project Update—Corps’ NEPA Analysis Flawed-In Part
Introduction: On June 14, 2017, U.S. District Court Judge Boasberg issued a lengthy Memorandum Opinion granting in part the Standing Rock Sioux Tribe’s (Standing Rock) and Cheyenne River Sioux Tribe’s (Cheyenne River) Motions for Summary Judgment.1 The Dakota Access Pipeline (DAPL) project…
BIA Regulations on Appraisal/Valuation of Indian Property
On June 10, 2016, Congress passed the Indian Trust Asset Reform Act (ITARA), and on June 22, 2016, President Barack Obama signed it into law.1 According to the Senate Committee on Indian Affairs, the purpose of the Act “is to reaffirm the…
Trumping the National Monument Designations of Past Presidents
When a President of the United States sets aside important federal lands for conservation, the accompanying fanfare typically invokes the notion of forever. But, in light of President Trump’s Executive Order 13792, maybe these national treasures should be asking our government the…
Mineral Reservation Clause Allowing Mining Did Not Constrain Surface Owner’s Public Opposition
A New Mexico state court judge has rejected a mineral estate owner’s attempt to constrain a surface owner from publicly opposing its mining project on the basis of a strongly worded mineral reservation that expressly reserved mining rights and attendant surface rights. …