Modrall Sperling Law Firm

Chambers USA Honors 19 Modrall Sperling Attorneys

Modrall Sperling has once again achieved national ranking as a firm from Chambers USA: America’s Leading Lawyers for Business for its Native American Law practice. Additionally, two of…

POSTED IN: News, Recognition

State Bar of New Mexico Indian Law Section’s Annual Program

Stan Harris, shareholder, spoke at the State Bar of New Mexico Indian Law Section’s annual program, “A Practical Approach to Indian Law: Legal Writing, 2018 Update, and the Ethics of Practicing Indian Law,” on December 10, 2018. Stan was one of two…

POSTED IN: Events, News

Attorney Chris Killion Joins Modrall Sperling

Modrall Sperling is pleased to announce that Chris Killion has joined the firm as a Shareholder. Chris’ practice is focused on issuing drilling, division order, and acquisition title…

POSTED IN: News

Indian Law in the Next Supreme Court Term: Grants and Pending Applications

The United States Supreme Court may have the opportunity to address a number of Indian law issues in its next term starting October 2018. To date, the Court has granted certiorari in Royal, Warden v. Murphy, No. 17-1107, an appeal from the…

POSTED IN: Articles

Supreme Court Declines Review of Tenth Circuit Case Holding Tribal Acquisition of an Interest in an Allotment Defeats Eminent Domain Authority

The Supreme Court recently denied a petition to review the Tenth Circuit’s opinion in Public Service Company of New Mexico v. Barboan1. The Tenth Circuit affirmed the district’s court ruling that tribal ownership of a fractional interest in an “allotment,” land the…

POSTED IN: Articles

Supreme Court Ducks Addressing “Immovable Property” Exception to Tribal Sovereign Immunity

As Chief Justice Roberts put it in his concurring opinion in Upper Skagit Indian Tribe v. Lundgren, “There should be a means of resolving a mundane dispute over property ownership, even when one of the parties to the dispute—involving non-trust, non-reservation land—is…

POSTED IN: Articles

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…

POSTED IN: Articles

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…

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

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…

POSTED IN: Articles

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Employment Law
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