Lawyers
Walter E. Stern - Shareholder
I practice in the following areas:
Alternative Dispute Resolution and Evaluation, Cultural and Historic Resources, Energy and Utilities, Environmental, Indian Law, Litigation, Mining, Oil and Gas, Public Lands, Regulatory Practice, Water Resources and Quality, Renewable Energy
Practice
Walter brings over twenty-five years experience to assist and counsel businesses and individuals in their business, administrative and dispute resolution dealings with Indian tribes and public land management agencies, like the U.S. Bureau of Land Management, the U.S. Forest Service and State Land Office. Much of his work focuses on natural resources, energy and environmental law. Walter serves as Co-Chair of the Indian Law Service Group and serves as Chair of the Public Lands Service Group for the Industry Service Groups.
Representative Matters
- State of New Mexico ex rel. State Engineer and United States, et al. v. New Mexico Commissioner of Public Lands, 2009-NMCA-004 (filed September 24, 2008), certiorari denied November 20, 2008: In the general stream adjudication on the San Juan River in northwestern New Mexico, we successfully opposed claims by the New Mexico State Land Office that sought to apply the federal reserved water rights doctrine to lands granted to the State of New Mexico through the New Mexico Enabling Act and related legislation.
- Pueblo of Sandia land claim; T'uf Shur Bien Preservation Trust Act legislation (2003): defended a special use permit holder on national forest lands in litigation and alternative dispute resolution proceedings that resulted in an Indian land claim settlement ratified by federal legislation. Representation included participation in lengthy mediation and testimony before Senate Committee on Energy and Natural Resources.
- San Juan Coal Company, 155 IBLA 389 (2001), involving the validity of Navajo Nation land selections of federal public lands under federal legislation
- Atkinson Trading Co. v. Shirley, 532 U.S. 645 (2001), "Friend of the Court" participation in case involving scope of tribal jurisdiction over non-Indian fee lands
- Navajo Tribe v. State of New Mexico, 809 F.2d 1455 (10th Cir. 1987), involving tribal land ownership claims; related cases also involved defending against tribal jurisdictional claims over off-reservation lands and activities
- United States/Pueblos of Laguna and Acoma v. Bluewater Toltec Irrigation District, et al., 806 F.2d 986 (10th Cir. 1986), concerning the propriety of state court jurisdiction over federal and Indian reserved water rights claims
- United States/Pueblo of Santo Domingo v. Leland Thompson, et al., 941 F.2d 1041 (10th Cir. 1991), involving an alleged conflict between the Pueblo of Santo Domingo grant and the Mesita de Juana Lopez grant
- Negotiation and drafting of long-term coal supply contracts, and related agreements
- Negotiated resolution of disputes concerning surface reclamation of mining activities on Indian lands
Selected Articles and Publications
- Lessons from an Indian Gaming Case for business Transactions with Indian Tribes and Pueblos, Walter E. Stern 4-20-07
- Labor and Employment Issues in Indian Country: A Non-Indian Business Perspective, Daniel W Long, Walter E Stern 12-28-06
- 9th Circuit Limits Serial Environmental Challenges in Public Lands Lawsuits, Walter E Stern 03-15-2005
- "Sue or Be Sued," Walter E Stern 02-09-2005
- Compelling Federal Agency Action, Walter E Stern 06-14-2004
- Cultural Property Law, Stan N Harris, Walter E Stern 05-01-2004
- Tribal Sovereignty and Lending in Indian Country , Duane E Brown, Margaret Lewis Meister, William C Scott, Lynn H Slade, Walter E Stern, Timothy R Van Valen 01-06-2003
- Supreme Court Reaffirms Limited Tribal Authority on Fee Lands, Walter E Stern 05-29-2001
- Tribal Jurisdiction Over Non-Indian Lands Within Reservations , Daniel W Long, Walter E Stern 8-08-2000
- Supreme Court Upholds Grazing Regulations , Daniel W Long, Walter E Stern 06-07-2000
- Drafting Arbitration Clauses , Walter E Stern 11-03-1999
- Environmental Regulation on Indian Lands , Lynn H Slade, Walter E Stern 11-03-1999
- Federal Cultural Resources Management , Walter E Stern, ABA SONREEL, 6th Section Fall Meeting, Resolving Land Use Issues in Development Projects, 10-08-1998
- Petroglyphs and Lithic Scatters Walter E Stern, RMMLF Special Institute on Resources Development, Environmental Land Management and Permitting, 05-02-1996
Selected Speeches (and Papers)
- Stern, "Developing Energy Projects on Federal Lands: Tribal Rights, Roles, Consultation, and other Interests (A Developer's Perspective)," Special Institute on Energy Development: Access, Siting, Permitting and Delivery on Public Lands, Paper NO. 15A (Rocky Mtn. Min. L. Fdn. 2009)
- Labor and Employment Issues in Indian Country: A Non-Indian Business Perspective, Daniel W Long, Walter E Stern, RMMLF, Mineral Law Series, Volume 2005, No. 5, Nov. 10-11, 2005
- Tribal Sovereignty and Lending in Indian Country, Duane E Brown, Margaret Lewis Meister, William C Scott, Lynn H Slade, Walter E Stern, Timothy R Van Valen, 01-06-2003
- Federal Cultural Resources Management, Walter E Stern, ABA SONREEL, 6th Section Fall Meeting, Resolving Land Use Issues in Development Projects, 10-08-1998
Professional Activities
- Rocky Mountain Mineral Law Foundation (President, 2009-10; Vice-President, 2008-09; Secretary, 2003-04; Member, Executive Committee, 1999-2001, 2003-04; Program Chair, 2001 Annual Institute; Chair, Special Institutes Committee, 2002-2007; Trustee, 1997-2001, 2003-04)
- American Bar Association, SONREEL (Chair, Public Lands Committee 1995-97; Chair, Alternative Dispute Resolution Coordinating Group 1994-95)
- State Bar of New Mexico Section of Natural Resources, Energy and Environmental Law (Chair, 1989-90)
Civic Activities
- Albuquerque Academy, Board of Trustees (Chair, 2009-__; Vice-Chair, 2008-09; Trustee, 2003-05, 2007-__)
- Chair, Protest and Appeals Committee, New Mexico Youth Soccer Association (2000-2008)
Education
Boston College Law School, Juris Doctor, 1982, cum laude
University of California at Berkeley, B.S. Forestry, 1978, with honors
Honors
- Martindale-Hubbell AV Peer Review Rated
- Named in Chambers USA 2004-present Directories of America's Leading Lawyers for Business: Environment, Natural Resources & Regulated Industries, Native American Law
- Selected as one of "The Top 25 New Mexico Super Lawyers" (2007, 2008)
- Selected as a Southwest Super Lawyer®, 2007-2009 (derived from a lawyer survey) in the areas of Energy & Natural Resources, Native American Law
- Recognized as "Best of the Bar" New Mexico Lawyers, New Mexico Business Weekly (Native American Law 2010)
- Named in The Best Lawyers in America® 1995-present editions, categories: Energy Law, Mining Law, Native American Law, Natural Resources Law, Oil & Gas Law (derived from a lawyer survey)
- Law Dragon 500 – New Stars New World
Bar Admissions
- New Mexico, 1982
- Tenth Circuit Court of Appeals, 1982
- U.S. District Court - New Mexico, 1983
- U.S. Supreme Court, 1986
