2015 Best Lawyers® and Lawyers of the Year
Modrall Sperling is pleased to announce that 34 lawyers have been named to the 2015 Edition of Best Lawyers® based on a peer review. Additionally, seven attorneys had the distinction…
Jennifer Anderson and Samantha Adams Selected Among Top 250 Women in Litigation
Modrall Sperling proudly announces Jennifer Anderson and Samantha Adams have been listed in the 2015 edition of Top 250 Women in Litigation by Benchmark Litigation for the third consecutive year. The editors of Benchmark note, “Jennifer Anderson is simply excellent in the field of law and excellent in the courtroom,” and “the…
BIA Seeks Comments on Proposed Rule Making Major Changes to the Department of the Interior’s Regulations Governing Rights-of-Way across Tribal and Individually Owned Indian Lands.
On June 17, 2014, the Department of the Interior (“DOI”) issued proposed regulations which would “comprehensively update and streamline the process for obtaining BIA grants of rights-of-way on Indian land,” compiled at 25 C.F.R. Part 169. 79 Fed. Reg. 34455, 34455. The…
Tribal Employment Preference Laws
I. Introduction The topic of this paper is tribal employment laws. It is a broad topic. There are over 500 federally recognized tribal nations. According to research, several, possibly most, have employment laws. In addition, several coalitions or agencies provide advice to…
Indigenous Peoples’ Rights to Sacred Sites and Traditional Cultural Properties and the Role of Consultation and Free, Prior and Informed Consent
Download PDF Sacred sites and traditional cultural properties are crucial to the preservation of indigenous peoples’ culture and society, and are increasingly recognized by international and state law and non-governmental entities. This article explores the various legal and non-legal documents addressing sacred…
Comments Sought on Proposed Indian Oil Valuation Amendments
Notice: Office of Natural Resources Revenue Releases Proposed Indian Oil Valuation Amendments On June 19, 2014, the Department of the Interior (DOI) through the Office of Natural Resources Revenue (ONRR) announced a proposed rulemaking for oil royalty calculations on Indian Tribal and…
Colorado District Court Requires Coal Mine EIS to Estimate the “Social Cost of Carbon”
In an order issued on Friday, June 27, 2014, the Honorable R. Brooke Jackson of the United States District Court for the District of Colorado overturned “three interconnected” decisions by the U.S. Forest Service (“USFS”) and the Bureau of Land Management (“BLM”)…
Handling the Application, Lease, Transfer, and Sale of Water Rights
Applying for Water Rights – from Basic to Complex In order to obtain a water right one must apply for a water permit from the New Mexico Office of the State Engineer. A water permit is an inchoate right and is the…
Native American Law Watch – Summer 2014
View as PDF Articles: Supreme Court Affirms Indian Gaming Regulatory Act Does Not Abrogate Sovereign Immunity for Suit Alleging Illegal Gaming Occurring on Non-Indian Lands The United States Supreme Court’s opinion in Michigan v. Bay Mills Indian Communityaffirmed the ruling below that the…
New Mexico Supreme Court Validates Designation of Mt. Taylor as a Traditional Cultural Property
Introduction: In a case that may have national significance, the New Mexico Supreme Court upheld the New Mexico Cultural Properties Review Committee’s (“Committee”) permanent designation of approximately 400,000 acres of public lands on Mt. Taylor in west‐central New Mexico as a traditional…