Modrall Sperling Law Firm

Cyber Espionage: What You Don’t Know Can Hurt You

…safeguards in place to protect the data accessible on that specific device. Also, those using a portable device need to know about the dangers of using public Wi-Fi systems and…

Executive Order on the Clean Water Rule

…would have little practical effect on current regulatory decisions since the Rule was already enjoined by the Sixth Circuit and the Federal District Court for the District of North Dakota—although…

Wind River Reservation Held Diminished: EPA’s Contrary Determination Set Aside Despite EPA Reliance on Solicitor Opinion

…14-9512, at *12 (quoting South Dakota v. Yankton Sioux Tribe, 522 U.S. 329, 344 (1998)). 6 Id. at *13 (emphasis in original) (quoting 1905 Act, 33 Stat. at 1016). 7…

New Mexico’s Mancos Shale Development: “Go Ahead” to BLM on Oil and Gas Well Approvals is Affirmed by the U.S. Court of Appeals

…over the ensuing 20 years, 3,988 of which would be gas wells drilled in the Dakota/Mancos formations and 180 of which would be oil wells drilled in the Mancos shale….

Eighth Circuit Holds that Dish Network Must Exhaust Tribal Remedies

…was made.” The court explained that “under North Dakota law abuse of process occurs through the extortionate effect the process has on the target, rather than the filing of the…

Fritz Scholder

Fritz Scholder was born in Breckenridge, Minnesota, of German, French, English, Irish and Mission Indian ancestry. He went to high school in Pierre, South Dakota, where he studied with noted…

Reservation Diminishment: Implications for Tribal Taxing Powers over Non-Members

…the State of Nebraska.”[7. Id. at 6 (quoting South Dakota v. Yankton Sioux Tribe, 522 U.S. 329, 351 (1998)).] In examining the text of the 1882 Act, the Court concluded…

Enforceability of Arbitration Provisions in Agreements with Tribes or Tribal Entities

…in Heldt v. Payday Financial, LLC,[4. 12 F.Supp.3d 1170, 1190-91 (D.S.D. 2014).] the United States District Court for the District of South Dakota refused to compel arbitration under the modified…

The Silver Lining: Efficiencies in BIA’s Newly Effective Right-of-Way Regulations

…Final Rule became effective on April 22, 2016.[2. An industry group, Western Energy Alliance, challenged the Final Rule in the United States District Court for the District of North Dakota,…

Energy & Resources Notes – Fall 2015

…Act. On August 27, 2015, the United States District Court for the District of North Dakota enjoined enforcement of the Clean Water Rule in at least the 13 States that…