New Mexico Produced Water Act
The New Mexico Legislature passed by an overwhelming majority, and Governor Lujan Grisham signed, the Produced Water Act, a bipartisan effort to encourage and facilitate the recycling and reuse of produced water by oil and gas producers and the conservation of fresh…
POSTED IN: Articles
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…
POSTED IN: Articles
The Congressional Review Act: Regulations on the Chopping Block
Since it was enacted, the Small Business Regulatory Enforcement Act of 1996, better known as the Congressional Review Act,[1. 5 U.S.C. §§ 801-808.] has been rarely used and certainly has not been the topic of headlines or water-cooler conversations. That has changed…
POSTED IN: Articles
Professor Kevin Washburn: Reflections on Service as Assistant Secretary-Indian Affairs, the State of Indian Law in 2016, and Returning Home to New Mexico
Kevin Washburn recently returned to his position as a professor at the University of New Mexico School of Law after serving more than three years as the Department of the Interior’s Assistant Secretary-Indian Affairs. A member of the Chickasaw Nation and a…
POSTED IN: Articles
Wind Energy: Challenged Under Federal Regulations, but More Native American Nations Appear to Be Embracing Its Development
Wind farms offer a source of low-carbon energy and are being developed around the world as governments and private entities seek new sources of energy to power our world. Development of wind farms is not a simple task, though, and developers are…
POSTED IN: Articles
Indian Reserved Water Rights: Groundwater Included
Most Native American tribes have at least some land that was reserved by the federal government for the purpose of creating a homeland for the Tribe. Under the Winters doctrine, established by the United States Supreme Court in 1908,[1. Winters v. United States, 207…
POSTED IN: Articles
Balancing Opposing Cultural and Religious Beliefs on a Shared Reservation: Agency consideration of “Native American culture” not enough to demonstrate narrowly tailored compelling interest
In Northern Arapaho Tribe v. Ashe,[1. 2015 WL 1137487, No. 2:11-CV-00347-ABJ (D. Wyo. Mar. 12, 2015).] the United States District Court for the District of Wyoming contrasted two tribes’ eagle interests, the First Amendment, the Bald and Golden Eagle Protection Act, and the Supreme…
POSTED IN: Articles
Indigenous Peoples’ Rights to Sacred Sites and Traditional Cultural Properties and the Role of Consultation and Free, Prior and Informed Consent
Download PDF Sacred sites and traditional cultural properties are crucial to the preservation of indigenous peoples’ culture and society, and are increasingly recognized by international and state law and non-governmental entities. This article explores the various legal and non-legal documents addressing sacred…
POSTED IN: Articles
Recreational Release Enforced: Modrall Sperling Obtains Summary Judgment for Indoor Climbing Gym Sued for Negligence
Signing a liability waiver and release is a common prerequisite to participating in recreational activities, from exercising in a gym to riding in a hot air balloon. Accidents do happen, and just because a participant has signed a release does not mean…
POSTED IN: Articles
Comments Sought on Proposed Rule Changes to the Endangered Species Act Affecting the Regulation of Critical Habitats
The Fish and Wildlife Service (FWS), the National Oceanic and Atmospheric Administration (NOAA), and the National Marine Fisheries Service (NMFS) published three proposed rules in the Federal Register (FR) on May 12, 2014. The comment period for both rules is 60 days,…
POSTED IN: Alerts