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Energy & Resources Notes – Spring 2016

View as PDF The FAST Act Seeks to Expedite Multi-Agency NEPA Compliance for Large Infrastructure Projects A new law offers the prospect of faster Federal approvals and limitations on judicial challenges for certain large infrastructure projects that must comply with the National…

Reservation Diminishment: Implications for Tribal Taxing Powers over Non-Members

Introduction: Writing another chapter in its long-running book regarding whether boundaries of Indian Reservations across the country have been diminished or reduced by Congressional action, on March 22, 2016, the United States Supreme Court issued its opinion in[1. Nebraska v. Parker.[1.Nebraska v….

Two Trailblazing ABA Presidents Meet at UNM School of Law

When the American Bar Association President visited New Mexico in April, it provided a unique opportunity:  Paulette Brown, as the first woman of color to lead the ABA,…

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Employment Law Alert – April 2016

View as PDF Articles: Are New Mexico Employers Required to Accommodate Obesity Under the ADA?  Between 25% and 30% of all adults in New Mexico are obese. With such a significant percentage of New Mexicans being affected by obesity, employers are increasingly…

Professor Kevin Washburn: Reflections on Service as Assistant Secretary-Indian Affairs, the State of Indian Law in 2016, and Returning Home to New Mexico

Kevin Washburn recently returned to his position as a professor at the University of New Mexico School of Law after serving more than three years as the Department of the Interior’s Assistant Secretary-Indian Affairs. A member of the Chickasaw Nation and a…

Court Allows BIA’s Final Rule Regarding Rights-of-Way on Indian Land To Go Into Effect April 21

On Thursday, April 21, 2016, the Bureau of Indian Affairs’ Final Rule entitled Rights-of-Way on Indian Land, 80 Fed. Reg. 72492-72549 (Nov. 19, 2015), making changes to the regulations in 25 C.F.R. Part 169, will go into effect. The United States District Court…

Native American Law Watch – Spring 2016

View as PDF Articles: Professor Kevin Washburn: Reflections on Service as Assistant Secretary-Indian Affairs, the State of Indian Law in 2016, and Returning Home to New Mexico Kevin Washburn recently returned to his position as a professor at the University of New…

Scientific Opinions: Differences Between Federal and New Mexico Law

In a recent opinion, Acosta v. Shell Western Exploration & Production, Inc., No. S-1-SC-33884, slip op. (N.M. Sup. Ct. March 3, 2016), the New Mexico Supreme Court reversed a decision by a state district court to exclude expert opinion testimony in a toxic…

Lucero to Chair Paralegal Division

Barbara Lucero, a paralegal at Modrall Sperling, has been elected to become the next Chair of the Paralegal Division of the New Mexico State Bar. She is slated…

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40 Listed in Southwest Super Lawyers®

Modrall Sperling is pleased to announce 40 of the firm’s attorneys were recognized as 2016 Southwest Super Lawyers or Southwest Rising Stars. Seven were named among those in the Top 25 New Mexico Super Lawyers in 2016: Samantha M. Adams, John R. Cooney, Timothy L….