Articles

In December 2016, the Environmental Protection Agency (“EPA”) released its final assessment analyzing the potential impacts of hydraulic fracturing (“fracking”) on drinking water resources.[1. See United States Environmental Protection Agency, Hydraulic Fracturing for Oil and Gas: Impacts from the Hydraulic Fracturing Water…

On October 27, 2016, the U.S. Court of Appeals for the Tenth Circuit issued its opinion in Dine’ Citizens Against Ruining Our Environment et al. v. Jewell, Tenth Circuit Cause No. 15-2130, affirming the decision of the Honorable James Browning which rejected…

Introduction: It is well established that Title VII of the Civil Rights Act does not apply to Tribal Nations. The Act specifically states that the term employer does not include “an Indian tribe . . . .”[1. Title VII of the Civil Rights…

Introduction: The Dakota Access Pipeline (DAPL) project has become the focal point for Native American complaints concerning the manner in which federal agencies comply with their responsibilities to engage in tribal consultation on projects in and around Indian country requiring federal approvals,…

Although you may not remember Andreas Lubitz by name, you undoubtedly remember his story.  On March 24, 2015, Mr. Lubitz, the co-pilot of Germanwings Flight 9525, intentionally crashed an airplane carrying 144 passengers and 6 crew members into the side of a…

On June 10 2016, Congress passed the Native American Trust Asset Reform Act  and on June 22, 2016, President Obama signed it into law.[1. 25 U.S.C. § 5601.] According to the Senate Committee on Indian Affairs, the purpose of the Act “is…

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…

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…

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…

The New Mexico Court of Appeals recently considered the legal standard applying to employee reverse-discrimination claims under the New Mexico Human Rights Act (“NMHRA”).  Reverse discrimination occurs when a member of a majority group is discriminated against on the basis of a…