EPA’s Final Assessment Regarding the Impact of Hydraulic Fracturing on Drinking Water Resources
In December 2016, the Environmental Protection Agency (“EPA”) released its final assessment analyzing the potential impacts of hydraulic fracturing (“fracking”) on drinking water resources.[1. See United States Environmental Protection Agency, Hydraulic Fracturing for Oil and Gas: Impacts from the Hydraulic Fracturing Water…
New Mexico’s Mancos Shale Development: “Go Ahead” to BLM on Oil and Gas Well Approvals is Affirmed by the U.S. Court of Appeals
On October 27, 2016, the U.S. Court of Appeals for the Tenth Circuit issued its opinion in Dine’ Citizens Against Ruining Our Environment et al. v. Jewell, Tenth Circuit Cause No. 15-2130, affirming the decision of the Honorable James Browning which rejected…
The ADEA Does Not Abrogate Tribal Sovereign Immunity: Eleventh Circuit Confirms Recent Trend
Introduction: It is well established that Title VII of the Civil Rights Act does not apply to Tribal Nations. The Act specifically states that the term employer does not include “an Indian tribe . . . .”[1. Title VII of the Civil Rights…
Dakota Access Controversy: Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers, Policy Review of Federal Government’s Tribal Consultation Obligations, and Why This Matters to Us
Introduction: The Dakota Access Pipeline (DAPL) project has become the focal point for Native American complaints concerning the manner in which federal agencies comply with their responsibilities to engage in tribal consultation on projects in and around Indian country requiring federal approvals,…
Guidance for Employers Dealing with Mental Illnesses in the Workplace
Although you may not remember Andreas Lubitz by name, you undoubtedly remember his story. On March 24, 2015, Mr. Lubitz, the co-pilot of Germanwings Flight 9525, intentionally crashed an airplane carrying 144 passengers and 6 crew members into the side of a…
Native American Trust Asset Reform Act Becomes Law: New Tribal Options, Questions Unanswered
On June 10 2016, Congress passed the Native American Trust Asset Reform Act and on June 22, 2016, President Obama signed it into law.[1. 25 U.S.C. § 5601.] According to the Senate Committee on Indian Affairs, the purpose of the Act “is…
The Silver Lining: Efficiencies in BIA’s Newly Effective Right-of-Way Regulations
As we have previously reported, the Bureau of Indian Affair’s (BIA) recently revised the regulations governing grants of right-of-way (ROW) on Indian lands compiled at 25 C.F.R. Part 169 (Final Rule).[1. The BIA’s website has additional information on the Final Rule and…
Equally Divided United States Supreme Court Affirms Tribal Jurisdiction over Tort Claims Against Nonmembers
On June 23, 2016 the Supreme Court issued its much anticipated decision in Dollar General Corporation v. Mississippi Band of Choctaw Indians[1. Dollar Gen. Corp. v. Mississippi Band of Choctaw Indians, 579 U.S. ___ , 135 S. Ct. 2159 (June 23, 2016) (per…
New Rules and Draft Policy on Critical Habitat Designations
On February 5, 2016, The U.S. Fish and Wildlife Service (“FWS”) and the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service (“NOAA”) finalized two rules and a draft policy that renovate how the agencies implement critical habitat designation requirements under the…
Update on Reverse Discrimination Claims in New Mexico
The New Mexico Court of Appeals recently considered the legal standard applying to employee reverse-discrimination claims under the New Mexico Human Rights Act (“NMHRA”). Reverse discrimination occurs when a member of a majority group is discriminated against on the basis of a…