Indian Reserved Water Rights: Groundwater Included
Most Native American tribes have at least some land that was reserved by the federal government for the purpose of creating a homeland for the Tribe. Under the Winters doctrine, established by the United States Supreme Court in 1908,[1. Winters v. United States, 207…
Employees Volunteer at Roadrunner Food Bank
More than 30 Modrall Sperling employees and family members donated their time on Saturday, June 12th at the Roadrunner Food Bank. Team Modrall sorted and boxed 15,840 pounds…
Washington Court Rules Property Tax Incentive Benefitting Indian Tribes Is Unconstitutional
Agreements for payments in lieu of taxes (PILOTs or PILTs) are used frequently by local governments to incentivize private investment in facilities or infrastructure that will provide a public benefit. A recent case in the State of Washington highlights the risk of…
Federal District Court Upholds Uranium Mining Within a Traditional Cultural Property Without Further NEPA Review and With Abbreviated NHPA Consultation
On April 7, 2015, in Grand Canyon Trust v. Williams,[1. No. CV-13-08045-PCT-DGC, 2015 WL 1538084 (D. Ariz. Apr. 7, 2015).] the United States District Court for the District of Arizona granted summary judgment to the U.S. Forest Service (“USFS”) on claims brought by…
Karen Fricks Hired as Director of Accounting/Controller
Karen Fricks has become the new Director of Accounting/Controller for Modrall Sperling. Fricks has worked in a variety of Controller-related positions for Sandia Resort and Casino, High Desert…
Final Clean Water Act Rulemaking: What is a Water of the United States?
Final Rule Issued: On May 26, 2015, the Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“Corps”) issued their final rule defining the scope of “waters of the United States” regulated under the Clean Water Act (“CWA”).[1. The pre-publication version…
Favorable Employment Law Decision in Garcia v. APS
In an opinion issued on March 26, 2015, Federal District Court Judge Martha Vazquez granted Albuquerque Public Schools’ Motion for Summary Judgment on a former employee’s claims of Title VII discrimination, retaliation, and hostile work environment discrimination. This thorough opinion clarifies several…
Does the NLRB Have Jurisdiction over Tribal Entities? Congress or the 6th Circuit May Decide
U.S. Senate Bill 248 (SB 248)—The Tribal Labor Sovereignty Act of 2015—would amend the National Labor Relations Act, 29 U.S.C. §§151–169, to provide that any enterprise or institution owned and operated by an Indian tribe and located on its lands is not…
Balancing Opposing Cultural and Religious Beliefs on a Shared Reservation: Agency consideration of “Native American culture” not enough to demonstrate narrowly tailored compelling interest
In Northern Arapaho Tribe v. Ashe,[1. 2015 WL 1137487, No. 2:11-CV-00347-ABJ (D. Wyo. Mar. 12, 2015).] the United States District Court for the District of Wyoming contrasted two tribes’ eagle interests, the First Amendment, the Bald and Golden Eagle Protection Act, and the Supreme…
17 Selected in Chambers USA
Modrall Sperling is pleased to announce that it has received high honors from Chambers & Partners in the 2015 Chambers USA: America’s Leading Lawyers for Business guide. A total of…
