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The Grand Canyon Sky Walk, Continued: Bad Faith, Jurisdiction, and Who’s On (the Bench) First

The Case: In the latest round of the multi-pronged litigation, Grand Canyon Skywalk Development, LLC v. ‘Sa’ Nyu Wa, Inc., (GCSD I),[1. No. CV-12-08183-PCT-DGC (D. Az. Feb. 11, 2013).] the Ninth Circuit Court of Appeals entered a significant decision on April 26, 2013,…

Affirming A State’s Sovereignty Over Its Allocated Water, Supreme Court Upholds Red River Compact

On Thursday, June 13, 2013, the Supreme Court issued a unanimous opinion, authored by Justice Sotomayor, in Tarrant Regional Water District v. Hermann, ruling that the Red River Compact did not permit a Texas water district to acquire water from within Oklahoma’s sovereign…

17 Modrall Sperling Attorneys Ranked by Chambers USA 2013, Two Receive National Recognition

Modrall Sperling has received high honors in the 2013 Chambers USA: America’s Leading Lawyers for Business guide. The firm received top rankings in New Mexico in the following practice areas: Corporate/Commercial; Environment, Natural Resources & Regulated Industries; Labor & Employment; Litigation: General Commercial; Native…

Native American Law Watch – Summer 2013

View as PDF Summer 2013 edition of Modrall Sperling’s Native American Law Watch includes: Helping Expedite and Advance Responsible Tribal Homeownership (“HEARTH”) Act The Pueblo of Sandia’s Leasing Regulations and What Businesses Need to Do to Enter into Leases Economic Development in…

The Pueblo of Sandia’s Leasing Regulations and What Businesses Need to Do to Enter into Leases

The Pueblo of Sandia (“Pueblo”) was the first tribe in New Mexico, and the second in the United States, to receive approval by the Secretary of the Interior for its tribal leasing regulations promulgated under the Helping Expedite and Advance Responsible Tribal…

Grand Canyon Sky Watch Arizona Federal Court Addresses Arbitration Enforceability

The Case: The order entered February 13, 2013, in Grand Canyon Skywalk Development, LLC v. ‘Sa’ Nyu Wa, Inc.[1. No. CV-12-08183-PCT-DGC (D. Az. Feb. 11, 2013).] reflects important principles supporting the enforceability of arbitration awards when a dispute arises in economic development in…

Commercial Lease Provisions and Issues

34 Southwest Super Lawyers 2013

Thirty-four individuals from Modrall Sperling were selected for recognition by Southwest Super Lawyers during the 2013 peer review and annual selection process.  Thirty were named Southwest Super Lawyers…

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BIA Issues Final Regulations Governing Residential, Business, and Wind and Solar Resource Leasing on Indian Lands

The Revised Rule: On November 27, 2012, the Bureau of Indian Affairs issued the long-awaited and substantially revised regulations[1. See Notice of Final Rulemaking, 77 Fed. Reg. 72,440 (Dec. 5, 2012).] addressing non-agricultural surface leasing of Indian land under the Indian Long Term…

Tribal Employment Laws: Legal and Cultural Considerations