Tenth Circuit Finds for Navajo Mine
On March 30, 2016, the United States Court of Appeals for the Tenth Circuit summarily concluded that claims by several environmental groups against the Office of Surface Mining (OSM) — claims that threatened the temporary shutdown of Navajo Mine operations — were…
New Mexico’s Whistleblower Statute 101: A Crash Course
In 2010, New Mexico’s Legislature enacted the Whistleblower Protection Act (WPA). Generally, the purpose of a whistleblower protection act is to protect employees who risk job security for the good of the public by disclosing unlawful and improper actions of public officials. …
Employment Law Alert – March 2016
View as PDF Articles: New Mexico’s Whistleblower Statute 101: A Crash Course In 2010, New Mexico’s Legislature enacted the Whistleblower Protection Act (WPA). Generally, the purpose of a whistleblower protection act is to protect employees who risk job security for the good…
Michelle Hernandez Elected Vice Chair Albuquerque Hispano Chamber of Commerce
Michelle Hernandez has been elected Vice Chair and member of the 2016 Executive Committee of the Albuquerque Hispano Chamber of Commerce Board of Directors. Michelle is a shareholder at…
Indemnification Clauses after Safeway
On February 18, 2016, the New Mexico Supreme Court held in Safeway Inc. v. Rooter 2000 Plumbing & Drain SSS, 2016-NMSC-___ (No. 33,969, Feb. 18, 2016) that indemnification agreements in construction contracts are void and unenforceable under the state’s anti-indemnity statute to the…
Four Changes to BIA’s Right-Of-Way Regulations That Grantees and Applicants Should Know
On November 3, 2015, Kevin Washburn, Assistant Secretary-Indian Affairs signed a final rule revising the Bureau of Indian Affair’s (BIA) regulations[1. Available here.] governing grants of right-of-way (ROW) on Indian lands compiled at 25 C.F.R. Part 169 (Final Rule). The Final Rule was published in…
Wind Energy: Challenged Under Federal Regulations, but More Native American Nations Appear to Be Embracing Its Development
Wind farms offer a source of low-carbon energy and are being developed around the world as governments and private entities seek new sources of energy to power our world. Development of wind farms is not a simple task, though, and developers are…
Employment Law Alert – February 2016
View as PDF Articles: Tips for Conducting Employee Investigations Investigating your employee for inappropriate conduct can be a sensitive and difficult task. An employer’s decisions regarding how to conduct the investigation can have significant impact in subsequent litigation related to the investigation….
State Taxation Precluded by Extensive and Exclusive Federal Regulation of Indian Leasing
On August 26, 2015, in Seminole Tribe of Florida v. Stranburg,[1. 799 F.3d 1324 (11th Cir. 2015).] the Eleventh Circuit affirmed in part and reversed in part the United States District Court for the Southern District of Florida’s decision,[2. 49 F. Supp. 3d….
Bondholders and Trustee Avoid Tribal Court Jurisdiction on Defaulted Bonds
On November 24, 2015, the Seventh Circuit Court of Appeals held that bondholders and their counsel were not required to exhaust tribal court remedies in a case involving a bond transaction in which the parties expressly consented in the transaction documents to…