Modrall Sperling Law Firm

Annual Environmental Law Update

This paper was originally published by the Rocky Mountain Mineral Law Foundation in the Proceedings of the 64th Annual Rocky Mountain Mineral Law Institute (2018) This chapter highlights…

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Trumping the National Monument Designations of Past Presidents

When a President of the United States sets aside important federal lands for conservation, the accompanying fanfare typically invokes the notion of forever.  But, in light of President Trump’s Executive Order 13792, maybe these national treasures should be asking our government the…

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Executive Order on Review of Designations under the Antiquities Act

President Trump signed an Executive Order (“EO”) on April 26, 2017, directing the Secretary of the Interior to conduct a review of all Presidential designations or expansions of designations of national monuments under the Antiquities Act.1  The review mandated by the EO…

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Dakota Access Pipeline Project Update

The Dakota Access Pipeline (DAPL) project continues to be the subject of extensive news coverage and ongoing controversy. Last quarter’s Watch discussed U.S. District Judge Boasberg’s memorandum opinion denying the Standing Rock Sioux Tribe’s Motion for Preliminary Injunction, which was immediately followed…

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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…

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Sizing Up Traditional Cultural Property in New Mexico

New Mexico is a land of vast expanses, mountains, mesas, and rich cultural heritages.  Cultural and historic properties are protected by New Mexico law in a manner that can impose significant restrictions and additional permitting requirements.  But should that protection extend to…

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