Modrall Sperling Law Firm

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…

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Dependent Indian Communities: Existential Determination Impacts State and Federal (and Tribal?) Jurisdiction

On June 15, 2015, the New Mexico Supreme Court issued a decision that clarified the Indian country status of a certain parcel of land in New Mexico that had been the subject of conflicting state and federal court decisions.  In State of New…

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Pueblo of Jemez v. United States: Tenth Circuit Resurrects Land Claim – Unique Circumstance or Cloudy Title on the Horizon?

On June 26, 2015, in Pueblo of Jemez v. the United States[1. 790 F.3d 1143 (10th Cir. 2015).] the United States Court of Appeals for the Tenth Circuit reversed a district court ruling that had dismissed the Pueblo of Jemez’ (Pueblo) claim seeking the return…

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Colorado District Court Requires Coal Mine EIS to Estimate the “Social Cost of Carbon”

In an order issued on Friday, June 27, 2014, the Honorable R. Brooke Jackson of the United States District Court for the District of Colorado overturned “three interconnected” decisions by the U.S. Forest Service (“USFS”) and the Bureau of Land Management (“BLM”)…

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Sued in Tribal Court?

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Cultural Resources Management: Tribal Rights, Roles, Consultation, and Other Interests (A Developer’s Perspective)

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Top Ten (More or Less) Ethical Issues in the NEPA Process

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Developing Energy Projects on Federal Lands: Tribal Rights, Roles, Consultation, and Other Interests (A Developer’s Perspective)

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New Mexico Court of Appeals Says No To Federal Reserved Water Rights for State School Lands

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Labor and Employment Issues in Indian Country: A Non-Indian Business Perspective

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