Modrall Sperling Law Firm

Employment Law Alert – August 2016

View as PDF Article: Tips for New Mexico Employers: What Can We Legally Ask Foreign Workers During the Pre-Employment Process? Employers, both in New Mexico and throughout the United States, often have questions regarding what they can ask an applicant in connection…


Recent Cases Confirm Sovereign Immunity

The Ninth Circuit Court of Appeals and the New Mexico Supreme Court recently issued opinions which reject arguments to evade the defense of sovereign immunity. Ninth Circuit:  A claim against a sovereign entity seeking non-monetary relief is barred by sovereign immunity.  The…

POSTED IN: Articles

The Silver Lining: Efficiencies in BIA’s Newly Effective Right-of-Way Regulations

As we have previously reported, the Bureau of Indian Affair’s (BIA) recently revised the regulations governing grants of right-of-way (ROW) on Indian lands compiled at 25 C.F.R. Part 169 (Final Rule).[1. The BIA’s website has additional information on the Final Rule and…

POSTED IN: Articles

Equally Divided United States Supreme Court Affirms Tribal Jurisdiction over Tort Claims Against Nonmembers

On June 23, 2016 the Supreme Court issued its much anticipated decision in Dollar General Corporation v. Mississippi Band of Choctaw Indians[1. Dollar Gen. Corp. v. Mississippi Band of Choctaw Indians, 579 U.S. ___ , 135 S. Ct. 2159 (June 23, 2016) (per…

POSTED IN: Articles

Modrall Sperling Attorneys Named to Best Lawyers® List, Six Recognized as “Lawyer of the Year” in Albuquerque

Twenty-nine attorneys from Modrall Sperling were selected by their peers for inclusion in this year’s Best Lawyers in America®, one of the legal profession’s oldest and most-respected peer…

POSTED IN: Recognition

Native American Law Watch – Summer 2016

View as PDF Articles: Equally Divided United States Supreme Court Affirms Tribal Jurisdiction over Tort Claims Against Nonmembers On June 23, 2016, an equally divided panel of the Supreme Court affirmed tribal jurisdiction over tort claims against non-members in Dollar General Corporation…


BLM’s Venting and Flaring Proposal

On February 8, 2016, the Bureau of Land Management (“BLM”) published its proposed rule concerning Waste Prevention, Production Subject to Royalties, and Resource Conservation in the Federal Register (the “Proposed Rule” or “proposal”).  See 81 Fed. Reg. 25, at 6616-6686, available at  While the…

POSTED IN: Articles

New Rules and Draft Policy on Critical Habitat Designations

On February 5, 2016, The U.S. Fish and Wildlife Service (“FWS”) and the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service (“NOAA”) finalized two rules and a draft policy that renovate how the agencies implement critical habitat designation requirements under the…

POSTED IN: Articles

Stuart Butzier Named Secretary of Rocky Mountain Mineral Law Foundation

Stuart Butzier, a shareholder with Modrall Sperling, has been tapped as Secretary of the globally recognized Rocky Mountain Mineral Law Foundation (RMMLF) by the Trustees of the Foundation….