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HTMLU.S. House Approves “Native American Energy Act”, Sending Legislation to Senate
Brian Gunn, Paul G. Moorehead; Powers Pyles Sutter & Verville, PC;
Legal Alert/Article
October 23, 2015, previously published on October 12, 2015
On October 8, 2015, the U.S. House of Representatives approved (254 to 173) the "Native American Energy Act" (H.R. 538), a bill to remove legal and regulatory barriers to energy resource development on American Indian lands.

 

HTMLDependent Indian Communities: Existential Determination Impacts State and Federal (and Tribal?) Jurisdiction
Deana M. Bennett, Walter E. Stern; Modrall Sperling;
Legal Alert/Article
October 16, 2015, previously published on October 5, 2015
On June 15, 2015, the New Mexico Supreme Court issued a decision that clarified the Indian country status of a certain parcel of land in New Mexico that had been the subject of conflicting state and federal court decisions. In State of New Mexico v. Steven B.,1 the New Mexico court held that the...

 

HTMLSouthern Ute Sues to Bar Applying BLM's Fracking Rule to Tribal Oil and Gas
Lynn H. Slade; Modrall Sperling;
Legal Alert/Article
September 18, 2015, previously published on September 8, 2015
The Case: The Southern Ute Indian Tribe (Tribe) filed suit on June 18, 2015 in the United States District Court for the District of Colorado1 against the Department of the Interior challenging the Department's new hydraulic fracturing rule for federal and Indian lands (BLM Frac Rule).2

 

HTMLPueblo of Jemez v. United States: Tenth Circuit Resurrects Land Claim - Unique Circumstance or Cloudy Title on the Horizon?
Deana M. Bennett, Walter E. Stern; Modrall Sperling;
Legal Alert/Article
September 7, 2015, previously published on August 27, 2015
On June 26, 2015, in Pueblo of Jemez v. the United States,1 the United States Court of Appeals for the Tenth Circuit reversed a district court ruling that had dismissed the Pueblo of Jemez' (Pueblo) claim seeking the return to the Pueblo ownership of lands within a Spanish land grant recently...

 

HTMLEnforceability of Arbitration Provisions in Agreements with Tribes or Tribal Entities
Deana M. Bennett, Lynn H. Slade; Modrall Sperling;
Legal Alert/Article
July 16, 2015, previously published on July 15, 2015
Over the past few years, federal courts have seen an influx of cases involving challenges to "payday" lending agreements referencing tribal law or courts, and involving Western Sky Financial, LLC and/or related entities or persons. Some of these agreements include an arbitration provision...

 

HTMLIndian Reserved Water Rights: Groundwater Included
Maria O'Brien, Sarah M. Stevenson; Modrall Sperling;
Legal Alert/Article
June 25, 2015, previously published on June 19, 2015
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 the reservation generally includes some amount of water...

 

HTMLBalancing Opposing Cultural and Religious Beliefs on a Shared Reservation: Agency Consideration of "Native American Culture" Not Enough to Demonstrate Narrowly Tailored Compelling Interest
Lynn H. Slade, Sarah M. Stevenson; Modrall Sperling;
Legal Alert/Article
June 18, 2015, previously published on May 28, 2015
In Northern Arapaho Tribe v. Ashe,1 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 Court's Hobby Lobby decision to conclude that the Fish and Wildlife's decision to...

 

HTMLFederal District Court Upholds Uranium Mining Within a Traditional Cultural Property Without Further NEPA Review and With Abbreviated NHPA Consultation
Joan E. Drake; Modrall Sperling;
Legal Alert/Article
June 18, 2015, previously published on June 4, 2015
On April 7, 2015, in Grand Canyon Trust v. Williams,1 the United States District Court for the District of Arizona granted summary judgment to the U.S. Forest Service ("USFS") on claims brought by the Grand Canyon Trust ("Trust") that USFS violated the National Environmental...

 

HTMLBLM Publishes New Rule for Hydraulic Fracturing; Oil and Gas Groups Bring Challenge
Stuart R. Butzier; Modrall Sperling;
Legal Alert/Article
April 21, 2015, previously published on March 31, 2015
On March 26, 2015, the Bureau of Land Management (BLM) published in the Federal Register its much anticipated new regulatory rule governing hydraulic fracturing (HF) operations conducted on federal and Indian lands. 80 Fed. Reg. 16128-16222 (March 26, 2015). The rule culminates a public process...

 

HTMLThe U.S. Teams Up with the Native Americans Against Pro-Football, Inc.
Roberta S. Bren; Oblon, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
February 25, 2015, previously published on January 21, 2015
A Notice of Intervention was filed on January 9, 2015 by the Solicitor General to defend the constitutionality of Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a).

 


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