Modrall Sperling Law Firm

Update on Dakota Access Pipeline Litigation

The Dakota Access Pipeline litigation was originally brought by the Standing Rock Sioux Tribe in 2016, quickly joined by the Cheyenne River Sioux Tribe, to challenge construction of the Dakota Access pipeline (“DAPL”), and specifically DAPL’s crossing of the Missouri River at…

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Religious Freedom v. The Blaine Amendment: Current Challenges to a Discriminatory Remnant of the Nineteenth Century

By R. E. Thompson – Modrall Sperling and Eric Baxter – Becket Fund for Religious Liberty View as PDF Introduction The two religious freedom provisions of the First…

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Religious Freedom

Cahn v. Berryman Clarifies the Medical Malpractice Act’s “Due Process Exception”

In Cahn v. Berryman, the New Mexico Supreme Court defined the contours of the “due process exception” to the statute of repose under the New Mexico Medical Malpractice Act (“MMA”).[1.2018-NMSC-002, ¶ 1, __ P.3d ___.  ] Prior to this decision, the murkiness of…

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An Overview of the Provisions of the “Tax Cuts and Jobs Act”

The new “Tax Cuts and Jobs Act” affects all Americans. In order to best serve our clients, the Modrall Sperling Tax Group has developed a summary of the new tax law, which reviews the tax provisions that affect individuals, corporations, pass-through entities,…

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“Black Snakes” Or Essential Infrastructure: Dakota Access Pipeline, Standing Rock Sioux Tribe v. U. S. Army Corps of Engineers, The Federal Government’s Tribal Consultation Obligations, and Why This Matters

This paper was originally published by the Rocky Mountain Mineral Law Foundation in the Proceedings of the 63rd Annual Rocky Mountain Mineral Law Institute (2017) Introduction[1.“Black snake” was…

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Indian Water Rights Settlements – Issues for Consideration From a State and Water User Perspective

This paper was originally presented at the American Bar Association 35th Annual Water Law Conference, March 28-29, 2017 ABSTRACT Indian water rights settlements have played and will continue to play an important role in resolving conflict over shared water resources throughout the United States. …

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Cyber Espionage: What You Don’t Know Can Hurt You

Cyber espionage adds a unique element to the relationship between a business and its legal counsel. If your business possesses privileged information that would be useful for a competitor or an industry, then it is crucial that you obtain the best advice…

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Potential Hurdle to Right-of-Way Acquisition and Renewals: The Tenth Circuit Holds Tribal Acquisition of an Undivided Interest in an Allotment Defeats Congressional Eminent Domain Authority

On May 26, 2017, the Tenth Circuit issued its decision in Public Service Company of New Mexico v. Barboan,1 upholding a New Mexico federal district court’s ruling2 that tribal ownership of even a very small fractional interest in an allotment bars condemnation…

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A Historic Moment in Indian Water Rights in New Mexico: Entry of the Aamodt Final Decree

The United States District Court for the District of New Mexico entered its final decree in State of New Mexico, ex rel. State Engineer v. Aamodt, a state stream adjudication filed in 1966 (Aamodt) to determine the rights of water users in…

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Dakota Access Pipeline Project Update—Corps’ NEPA Analysis Flawed-In Part

Introduction: On June 14, 2017, U.S. District Court Judge Boasberg issued a lengthy Memorandum Opinion granting in part the Standing Rock Sioux Tribe’s (Standing Rock) and Cheyenne River Sioux Tribe’s (Cheyenne River) Motions for Summary Judgment.1 The Dakota Access Pipeline (DAPL) project…

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