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General Mining Law of 1872 Does Not Preempt New Mexico's Exploration Permitting RegimeThe New Mexico Mining Commission has held that New Mexico's exploration permitting regime under the New Mexico Mining Act of 1993 is not preempted--either on its face or as applied by the Director of ...
Articles
General Mining Law of 1872 Does Not Preempt New Mexico's Exploration Permitting Regime
May 19, 2010
The New Mexico Mining Commission has held that New Mexico's exploration permitting regime under the New Mexico Mining Act of 1993 is not preempted--either on its face or as applied by the Director of ...
Unrelated Business Taxable Income
April 06, 2010
One of the benefits of being classified as a Section 501(c)(3) organization for federal income tax purposes is that Section 501(c)(3) organizations, as a general rule, are exempt from federal income t...
Intermediate Sanctions
April 06, 2010
Both the IRS and Congress have and are continuing to pursue the use of intermediate sanctions in perceived areas of abuse....
A New Decade Brings Potential Changes to NEPA
April 05, 2010
Forty years following the passage of the National Environmental Policy Act (NEPA), 42 U.S.C. §§ 4321 et seq., the White House (President’s) Council on Environmental Quality (CEQ) has proposed th...
Mandatory Arbitration in Health Care Claims
January 29, 2010
In the realm of contract law, lawyers often deal with various long-arm transactions between sophisticated commercial entities. Often, these contracts contain binding arbitration clauses in an effort ...
Modrall Sperling Obtains $44 Million Jury Verdict
January 12, 2010
Client Guidance Endo prevails against industry giant DENTSPLY...
Modrall Sperling Tax Alert
December 29, 2009
Facing a substantial projected revenue shortfall, the New Mexico legislature is very likely to address a number of measures to increase taxes in the upcoming legislative session, which runs from Janua...
Developing Energy Projects on Federal Lands: Tribal Rights, Roles, Consultation, and Other Interests (A Developer's Perspective)
September 11, 2009
This paper will examine the roles that tribes may play in the development of energy projects on federal public lands....
Indian Country: Courts Split on Test and Outcome
August 24, 2009
In two recent decisions, state and federal courts in New Mexico have developed different tests to determine whether land is "Indian country." Predictably, the two tests have led to different results....
The End of the Federal Pre-emption Defense?
July 23, 2009
A highly anticipated United States Supreme Court decision may greatly reduce the opportunity for defense attorneys to successfully raise federal pre-emption arguments....
Ninth Circuit Decides "Snowbowl" Case
2009/04/22
Designation of Energy Corridors on Federal Lands
March 25, 2009
Forest Service Issues Notice of Availability of Record of Decision for the Designation of Energy Corridors on Federal Land in Western States...
EPA Issues Mandatory Greenhouse Gas Reporting Regulations
2009/03/11
PROPOSED FMLA BILL (2/09)
2009/02/17
New Mexico Senate Bill 387 - Proposed Overhaul of the Natural Resources Trustee Act
2009/02/13
New Mexico House Bill 520 - Consolidated Environmental Review Act: A Wolf in Sheep's Clothing?
2009/02/06
Navajo Nation Labor Commission Rules it Lacks Jurisdiction
2009/01/21
Labor Department finalizes new Family Medical Leave Act (“FMLA”) Regulations
November 14, 2008
On Thursday November 13, 2008, the Labor Department announced that revised regulations implementing the FMLA will be published in the Federal Register on Monday, November 17, 2008....
New Mexico Court of Appeals Says No To Federal Reserved Water Rights for State School Lands
October 13, 2008
On September 24, 2008, the New Mexico Court of Appeals ruled unanimously that lands granted to the State of New Mexico in 1912, on the occasion of New Mexico becoming a state, do not enjoy the benefit...
ADA Amendments - Q & A for Employers
September 28, 2008
Both the Senate and the House of Representatives have passed the ADA Amendments Act of 2008 (“ADAAA”). The Senate approved the bill (S. 3406) on September 11th, and the House subsequently...
New Mexico’s Learned Intermediary Doctrine: On the Ropes?
September 12, 2008
On August 22, 2008, New Mexico’s United States District Court Judge James O. Browning issued a memorandum opinion and order on Eli Lilly’s motion for summary judgment in a case involving a...
Plains Commerce Bank v. Long Family Land and Cattle Company
August 07, 2008
U.S. Supreme Court Clarifies the Scope of Tribal Civil Jurisdiction Over Nonmembers...
