Law Seminars International Presents:

A Comprehensive Conference on

Tribal Energy in the Southwest

New opportunities for Tribal projects and tips for navigating a changing regulatory environment

September 10 & 11, 2018

Chandler, AZ
(or anyplace you may be via webcast!)

Download PDF Brochure
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Program Overview

Who Should Attend

Attorneys, Tribal representatives, industry executives, governmental officials and consultants

Why You Should Attend

The Trump Administration has been implementing dramatically different energy and Tribal policies than the Obama Administration. The federal energy policy changes have created new opportunities for Tribes with fossil fuel resources. At the same time, state regulatory policies and consumer preferences are creating markets for Tribal renewable energy resources. Technological advances for batteries and other forms of energy storage will be enabling Tribes to overcome the energy distribution infrastructure challenges for sparsely populated rural reservations.

We are very pleased to have been able to put together an outstanding group of speakers with the expertise to offer Tribes the tools they need to develop effective energy strategies for Tribal energy resource development and practical advice on how to implement those strategies. They include federal and state regulatory policy officials, leading legal representatives, and Tribal officials who have been on the cutting edge for developing Tribal energy resources.

Topics range from the big picture views necessary for developing a comprehensive strategy to the detailed looks at specific issues necessary for effective implementation. We encourage you to attend both the program and the reception at the end of the first day where you'll be able to develop relationships with your peers working on these very important issues.

~ Thomas H. Shipps, Esq. of Maynes, Bradford, Shipps and Sheftel and Pilar Thomas, Esq. of Lewis Roca Rothgerber Christie, Program Co-Chairs

What You Will Learn

  • ~ Federal policy landscape for Tribal oil and gas development
  • ~ FERC gas pipeline, electric sector, and Tribal consultation update
  • ~ Implications of the Culverts case
  • ~ Implications of the Agua Caliente case
  • ~ Regulatory roles of BIA vs. BLM as DOI divisions
  • ~ State regulatory policies affecting Tribal energy development
  • ~ Market trends affecting viability of Tribal renewables
  • ~ Case studies of Tribal on-reservation projects
  • ~ Envrionmental review and approval processes
  • ~ Participation in carbon offset programs
  • ~ Effective structures for economic development
  • ~ Avoiding dual taxation
  • ~ Taking advantage of 2005 Energy Act Tribal preferences
  • ~ Potential Federal legislative solutions to facilitate Tribal energy development

What Attendees Have Said About Similar Programs

  • "Very good program!"
  • "Very informative and well organized"
  • "It was so helpful to learn about what other tribes are facing and accomplishing!"
  • "Impressive course with excellent presenters"
  • "I learned something from each speaker"

Agenda Day 1

8:00 am

Registration Opens

8:30 am

Introduction & Overview

Thomas H. Shipps, Esq. , Program Co-Chair
Maynes Bradford Shipps & Sheftel LLP / Durango, CO

Pilar Thomas, Esq. , Program Co-Chair
Lewis Roca Rothgerber Christie / Tucson, AZ

8:45 am

The New Federal Policy Landscape for Traditional Oil and Gas Tribal Energy Development

Trump Administration support for fossil fuels and how that translates for Tribes with those resources

Kevin Frost , Deputy Director, Office of Indian Energy Policy and Programs
Department of Energy / Washington, DC

9:30 am

FERC Update

Pipeline siting policy; electric sector developments, including initiatives to meet increasing demand for renewable clean energy resources; Tribal consultation developments

Suedeen G. Kelly, Esq.
Jenner & Block / Washington, DC

10:15 am

Break

10:30 am

Litigation Update: Insights from Recently Decided Pending Cases with a Potential Impact on Tribal Energy Development

The US Supreme Court's 4-4 split decision in the Culverts Case: What are the implications for Tribal assertion of treaty rights?

Mason D. Morisset, Esq.
Morisset Schlosser Jozwiak & Somerville / Seattle, WA

Agua Caliente vs. Riverside County: Implications of a District Court's decision indicating that it is likely to invalidate imposition of a possessory interest tax on lessees of trust lands within the reservation

David C. Smith, Esq.
Southern Ute Indian Tribe / Ignacio, CO

12:00 pm

Lunch (on your own)

1:15 pm

Authority to Regulate Tribal Energy Development: Tribes vs. BIA vs. BLM

BIA vs. BLM as DOI divisions: How the agencies view their roles and relationship; delegation of authority; update on Southern Ute and Osage cases; opportunities for Tribal pushback and for Tribes to become the primary regulator

Matthew J. McKeown, Esq. , Regional Solicitor (Rocky Mtn Region)
US Department of the Interior / Lakewood, CO

Thomas H. Shipps, Esq. , Program Co-Chair
Maynes Bradford Shipps & Sheftel LLP / Durango, CO

David A. Mullon, Jr., Esq.
Venable / Washington, DC

2:45 pm

Break

3:00 pm

State Level Regulatory Policies: Opportunities and Constraints for Tribal Energy Development

Development of state energy roadmaps: New Mexico's update to its 2015 plan; state efforts to include Tribes and pueblos into the planning process

Daren Zigich , Engineering Technology Program Manager
NM EMNRD ECMD / Santa Fe, NM

Arizona's docket regarding its proposed clean energy standard; grid reliability considerations

The Hon. Andy Tobin , Commissioner
Arizona Corporation Commission / Phoenix, AZ

Nevada's consumer energy choice initiatives: Case study of an emerging market for customer-selected clean energy resources

Thomas N Tureen, Esq. , Chairman and Co-Founder
Coachella Energy / Santa Monica, CA

4:30 pm

On-Reservation Renewables and Storage Projects for Tribal Use and Economic Development

How Tribes can take advantage of market trends: The growing range of viable market-based community and utility scale solutions, including new business models being developed by utilities for distributed rooftop and community scale generation

Pilar Thomas, Esq. , Program Co-Chair
Lewis Roca Rothgerber Christie / Tucson, AZ

5:00 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees

Sponsored by Lewis Roca Rothgerber Christie and Maynes Bradford Shipps & Sheftel LLP

Tuesday, September 11, 2018

8:30 am

On-Reservation Projects (cont'd)

Given state utility regulatory structures, how can Tribes best work with the regulators and utilities to do small community scale projects? How do the issues change for Tribes served by unregulated co-ops?

Jeffrey H. Albright, Esq.
Lewis Roca Rothgerber Christie / Albuquerque, NM

Case study of the Forest County Potawatomi Community biomass project

Sara M. Drescher, Esq. , Environmental & Energy Attorney
Forest County Potawatomi Community / Milwaukee, WI

Case study of the Blue Lake Rancheria microgrid, which pairs mitigation for the environment with adaptation for resilience

Jana Ganion , Energy Director
Blue Lake Rancheria / Blue Lake, CA

10:15 am

Break

10:30 am

Environmental Review and Approval Processes for On-Reservation Tribal Energy Projects

The statutory mechanisms that allow Tribes to participate; a nuts and bolts approach to effective Tribal participation in processeses

Monte Mills, Esq. , Co-Director, Margery Hunter Brown Indian Law Clinic
University of Montana School of Law / Missoula, MT

11:15 am

Tribal Participation in Carbon Offset Projects and Carbon Credit Transactions

Tribal interest in participating in offset programs and special issues for transactions with Tribes

John Cataldi , Managing Partner
Native American Venture Fund / New York, NY

11:45 am

Tribal Structures for Economic Development

How tribes can best structure for development: Purely Tribal structures vs. Tribal participation in investment or development joint ventures; tips for obtaining the most favorable tax treatment; factors influencing selection of the best vehicle

Ellen H. Grover, Esq.
Karnopp Petersen / Bend, OR

12:15 pm

Lunch (on your own)

1:30 pm

Implementation: Getting the Details Right

Avoiding issues relating to dual taxation: Application of the White Mountain Apache Tribe v. Bracker factors for balancing Tribal interests in preserving Tribal primacy vs. state's interest in the tax

Jeremy J. Patterson, Esq.
Fredericks Peebles & Morgan / Louisville, CO

Taking advantage of 2005 Energy Act Tribal preferences for federal procurement: Progress report on implementation of the preference

James T. Meggesto, Esq.
Holland & Knight / Washington, DC

2:45 pm

Potential Federal Legislative Solutions to Facilitate Tribal Energy Development

The range of Title 25 and Non-Title 25 solutions under consideration in the Congress; insights into the political dynamics and how they're likely to play out; the Tribal Energy Resource Agreement model and tips for drafting them

Paul G. Moorehead, Esq.
Powers Pyles Sutter & Verville / Washington, DC

3:30 pm

Evaluations and Adjourn

Faculty Bios

Thomas H. Shipps, Thomas H. Shipps, Program Co-Chair, is a partner in the law firm of Maynes Bradford Shipps & Sheftel LLP. His practice includes: oil and gas leasing, energy development, Indian law and economic development, natural resources law, and intergovernmental relations.

Pilar Thomas, Pilar Thomas, Program Co-Chair, is Of Counsel in Lewis Roca Rothgerber Christie's Tribal Lands and Natural Resources, Alternative Energy and Utilities, and Tribal Affairs and Gaming practice groups. Her practice is focused on Indian law, tribal renewable energy project development and finance, tribal economic development, and Indian gaming.

Jeffrey H. Albright, Jeffrey H. Albright, partner at Lewis Roca Rothgerber Christie, focuses his practice on water rights, water law, water rights sales and transfers and both state and federal environmental compliance.
It includes government and regulatory matters involving Land Use and Zoning, Telecommunications, and both Electric and Water Utility work before the New Mexico Public Regulation Commission (PRC) and in District Court. Mr. Albright has been involved in more than 250 cases before the PRC, including rate allocation, line extensions, solar and thermal solar technology, renewable energy and electric utility and water utility rate cases, and transportation matters involving ambulance services. He has also assisted other attorneys appearing before the Federal Energy Regulatory Commission. Jeff has represented all major national wireless telecommunications providers and regional wireless providers in both rulemaking and contested proceedings before the PRC and on behalf of CTIA, an international wireless telecommunications association. This includes appeals of PRC decisions to the New Mexico Supreme Court in 2015 and 2016. He has been recognized as a "Best Lawyer in America" from 2008 through 2016 in the areas of environmental law and natural resources, and is the only New Mexico attorney recognized as a Best Lawyer in the area of telecommunications. Jeff has been listed as a Southwest Super Lawyer every year since 2012. He was selected as Best Lawyer in four areas and as the environmental lawyer of the year in the Albuquerque Metropolitan area. He was awarded the New Mexico State Bar Distinguished Service Award in 2015. Jeff also practices in the area of Intellectual Property. He has trademark litigation experience in both state and federal court and before the Trademark Trials and Appeal Board. He has done IP licensing agreements and agreements for trademark royalties, work for hire, copyrights, trade secrets and right-of-publicity issues. He was the initial chair of the IP Section of the New Mexico State Bar and is the Chair for 2016. Water Law and Water Rights Jeff's water law practice includes research of pre- and post-1907 water rights, hearings, transfers, buying and selling water rights, well-share agreements, water leases, and water rights adjudications before the Office of the State Engineer and in state and federal District Court. He has prepared water conservation plans and has assisted with the development of 40 year water plans for Bernalillo County and several state subdivisions. He has represented water utilities in rate proceedings before the PRC and in condemnation proceedings in State District Court. Water utility work has included work for privately held companies, water and sanitation districts, acequias, water cooperatives, water user associations, and government entities. Presently Jeff is involved in several proceedings before the Office of the State Engineer, including representation of Bernalillo County before the OSE and State District Court involving water supplies in the East Mountain area of Albuquerque. He is also counsel for several small water utilities supplying water throughout the region, and is intimately familiar with the water bank and other aspects of water delivery issues of the Middle Rio Grande Conservancy District, although he does not represent the MRGCD. Jeff hosted the first MCLE symposium in New Mexico on ground water infiltration and injection, attended by more than 100 people. He is a regular presenter at the New Mexico Rural Water Users Association annual conferences. Jeff presented a lecture on legislative initiatives involving water law and water rights in April 2015. He has also testified as a water law expert on behalf of another law firm in several New Mexico State District Court cases. Jeff has also been involved in electric utility work. Most recently, he jointly represented Bernalillo County, the City of Santa Fe and the County of Santa Fe in PNM's closure of the San Juan Generating Station (13-00390-UT) which included Common Interest and Joint Defense Agreements, and he currently represents Bernalillo County and the City of Albuquerque in PNM's 2015 Rate Case, PRC Case NO. 15-00261-UT. During the San Juan plant case, he analyzed the air quality bureau new source review permit issued by NMED for compliance, and he is familiar with utility plant and nuclear power plant decommissioning requirements. He has also assisted small mutual domestic and water and sanitation districts in ground water quality reporting and compliance to the ground water Bureau of NMED. He also represents Emera in its acquisition of New Mexico Gas Company, which was approved unanimously by the New Mexico Public Regulation Commission on June 22, 2016. Jeff is a board member of UNM's School of Law Utton Foundation for water resources. He has experience with the New Mexico Occupational Health and Safety Bureau under (NM OSHA) including site inspections with OHSB and experience in air and ground water quality matters with NMED. He represents Kirtland Federal Credit Union concerning potential groundwater contamination due to the fuel plume from KAFB underground leakage and has met with state and federal environmental department representatives involved in the site clean-up.

John Cataldi John Cataldi is the Managing Partner for the Native American Venture Fund (NAVF). He currently directs the Fund's investment activities and strategies.
NAVF is series of impact investment funds that promotes Environmental, Social and Governance (ESG) development activities for indigenous tribes throughout North America. Under Cataldi's leadership, the fund leverages special contracting preferences, tax incentives and other distinct competitive advantages legislatively granted to federally recognized tribes. NAVF's portfolio focuses across multiple industries to include Carbon Sequestration, Pharmaceutical importation / distribution, FinTech, E-Commerce and Government Contracting. As the previous COO of the Seminole Tribe of Florida, Inc., Cataldi managed 47 businesses, to include, new merger and acquisition activities. STOFI's business portfolio included construction, CPG, energy / petroleum, pharmaceuticals, Hard Rock Energy Drink, financial services, agriculture, restaurant / hospitality, gaming and enterprise technology. In addition, Cataldi co-authored, with NAVF's Partner / CFO, Brent Hill, various tribal legislation and economic development opportunities that generated in excess of $1B in new revenues and a $200M+ per annum via and IRS approved tribal tax exemption. Cataldi, served 6 years in the US Army Reserve and the Georgia National Guard, has been published, as lead author, with peer review for his cancer research in partnership with the National Institutes of Health (NIH), graduated from the University of West Georgia with advanced studies in Biology, Chemistry and Physics and is currently in pursuit of his Juris Doctorate (J.D.) degree. Cataldi, serves as an active member on multiple service organizations, most notable is the Business Executives for National Security (BENS). He and his family reside in Buford Georgia.

Sara M. Drescher is an Environmental & Energy Attorney for the Forest County Potawatomi Community.
She received a B.A. in Psychology and Philosophy from Marquette, a J.D. from Marquette University Law School, and is currently writing her dissertation for a PhD in Environmental Resources at the University of Wisconsin. Prior to joining the Forest County Potawatomi Community Legal Department Ms. Drescher worked with two Milwaukee based law firms representing a variety of corporate, individual, and tribal clients in the areas of environmental, transactional, real estate, construction, redevelopment, National Environmental Policy Act, compliance, mineral resources, energy, and remediation. Ms. Drescher is a member of the American and Wisconsin Bar Associations' Environmental, Land Use, and Real Estate Division, as well as the Milwaukee Bar Association.

Kevin Frost Kevin Frost is Deputy Director, Office of Indian Energy Policy and Programs for the US Department of Energy.
Mr. Frost is responsible for making sure the office complies with its statutory obligations in furtherance of its mission and goals. Prior to working at DOE, Mr. Frost was a Councilman for the Southern Ute Indian Tribe of Colorado. He worked on a myriad of tribal issues, including energy and natural resource development, rural infrastructure, health, and finance. Mr. Frost has also previously served as a delegate for the Indian Country Energy and Infrastructure Working Group and a board member of the National Tribal Energy Association. He holds a B.S. in Conservation Science from the College of Santa Fe and a J.D. from the University of Denver.

Jana Ganion Jana Ganion is the Energy Director for the Blue Lake Rancheria where she helped establish the Tribe's energy strategy, and has implemented a wide array of renewable energy assets and energy efficiency upgrades.
She has developed projects in energy efficiency, renewable energy, green fuels, and community resiliency, including biomass, biodiesel, electric vehicle infrastructure, and her latest project is a combination of distributed generation solar, grid battery storage, and microgrid control system to demonstrate a low carbon microgrid for critical facilities. Jana currently serves on the U.S. Department of Energy, Office of Indian Energy, Indian Country Energy and Infrastructure Working Group (ICEIWG). In 2014 she spearheaded the Tribe's entry in the White House Climate Action Champions competition, and in December 2014 the Blue Lake Rancheria became one of 16 U.S. communities selected for its leadership on climate change.

Ellen H. Grover Ellen H. Grover is a partner at Karnopp Petersen. She concentrates her practice in the areas of land use, natural resources, Indian, and development law.
Ellen has advised clients on complex Oregon land use and energy siting law issues, natural resource regulatory programs, compliance matters and on business development matters. Ellen enjoys being part of a team that assists her clients to succeed. ~ Representation of federally-recognized Indian tribe on a variety of matters including business and economic development, hydroelectric project license compliance, renewable energy development, energy and telecommunications infrastructure issues, federal and tribal land use and environmental impact review matters, and lender and bond financing. ~ Representation of energy industry clients in the siting and development of energy generation facilities, including solar, wind, and natural gas. ~ Representation of individuals and entities in Oregon land use urban growth boundary expansions. ~ Representation of land owners and land development clients in zoning and land use approval matters in city and county jurisdictions. ~ Representation of private individuals and entities before the Oregon Land Use Board of Appeals and Oregon Court of Appeals. ~ Representation of individuals and home owners associations regarding planned community matters. ~ Representation of purchaser of timberland holdings in acquisition and due diligence matters.

Suedeen G. Kelly Suedeen G. Kelly is a partner at Jenner & Block and a former commissioner with the Federal Energy Regulatory Commission (FERC). She represents a variety of clients in the electric and natural gas industries on business, regulatory, litigation, enforcement and policy matters.
Ms. Kelly's knowledge of the national electric and natural gas industries includes significant experience in infrastructure development and operation, market structures and financial products, emerging technologies, federal and state laws and regulations, impending policy changes and domestic/international market interrelations. She is an experienced litigator on energy and environmental matters in federal and state courts. Nominated by Presidents George W. Bush and Barack Obama to three terms as a FERC Commissioner, Ms. Kelly resolved 7,000 disputes with published Commission decisions and personally authored 100 separate statements during her tenure. She is credited with spearheading change in numerous regulatory policies, including transmission interconnection and planning reform, integration and deployment of renewables and smart technology into the grid, the inclusion of smart grid demonstration grants in the stimulus effort, and natural gas quality standards. Ms. Kelly has served as chair of energy industry practices at two international law firms. She served as regulatory counsel for the California Independent System Operator, and in 1999, she worked as a legislative aide to Senator Jeff Bingaman, then the ranking member of the Senate Energy & Natural Resources Committee. For more than 15 years, she was a professor at the University of New Mexico School of Law where she taught energy law, utility regulation, administrative law and legislative process. She also served as chairwoman and commissioner for the New Mexico Public Service Commission and was a lawyer for the Natural Resources Defense Council and US Environmental Protection Agency.

Matthew J. McKeown is Regional Solicitor for the Rocky Mountain Region at the US Department of the Interior.
As the second highest ranking legal officer for the Department of the Interior, Matt oversees a team of over 400 lawyers and support staff. Prior to taking on the responsibilities of Deputy Solicitor, Matt served as Associate Solicitor for Land and Water. Matt's first position with the Bush Administration's team at the Interior Department was Special Assistant to the Solicitor. During his tenure at the Interior Department, Matt has worked on many projects that have had a fundamental impact on property rights. He negotiated a landmark settlement involving thousands of stock watering water right claims where the federal government recognized for the first time that public land grazers have a property interest in the water that their livestock consume on federal land. Matt has coordinated the Department's legal work on the Healthy Forest Initiative. He negotiated a series of settlements aimed at improving the implementation of the Northwest forest plan that will result in a more reliable supply of timber from federal land for timber dependent communities in the Pacific Northwest. Matt negotiated the memorandum of understanding between the Department and the State of Utah that for the first time sets out a process for resolving the ownership of R.S. 2477 rights-of-way. And he helped negotiate the settlement that recognizes that wilderness must be managed in a way that is consistent with federal law. Prior to joining the Bush administration's team at Interior, Matt was a Deputy Attorney General for the State of Idaho where he worked on local government and natural resource issues. His work for the State of Idaho included defending two voter initiatives and imposing term limits. He also litigated the State of Idaho's successful challenge to the Clinton administration's "roadless rules."

James T. Meggesto is a partner at Holland & Knight and Deputy Practice Leader of the Native American Law Practice Group.
Mr. Meggesto began his career in Native American affairs in Washington, D.C., nearly 25 years ago as a staff professional at the National Congress of American Indians, focusing on intergovernmental affairs, including the first-ever White House meeting between the president and tribal leaders from all federally recognized Indian tribes. His legal career in federal Indian law started at a nationally renowned boutique firm. In his role at Holland & Knight, he provides clients with the full range of legal services needed in Indian Country with the resources of a full-service international law firm. Throughout his career, Mr. Meggesto has been devoted to the exclusive representation of Indian tribes, tribal governmental entities and economic ventures that do business with Indian tribes. Mr. Meggesto represents Indian tribes and tribal interests nationwide and in federal, state and tribal courts as well as before Congress and federal agencies. He has argued cases in several federal district courts, multiple circuit courts of appeals and has second-chaired two Indian law cases before the United States Supreme Court. Mr. Meggesto has also argued cases in several tribal courts. Typical tribal representations involve complex litigation and transactional matters, such as gaming laws, land-into-trust matters, economic development initiatives and federal treaty rights litigation. In addition, Mr. Meggesto is a frequent speaker on Native American topics and is the author of a chapter in the book Emerging Issues in Tribal-State Relations, 2014 edition.

Monte Mills Monte Mills is an Assistant Professor, and Co-Director of the Margery Hunter Brown Indian Law Clinic at the Alexander Blewett III School of Law at the University of Montana.
He teaches a variety of Indian law courses and works with clinical students on a range of legal matters in the Indian Law Clinic. Prior to joining the faculty at the Alexander Blewett III School of Law at the University of Montana, Monte was the Director of the Legal Department for the Southern Ute Indian Tribe in Colorado, an in-house counsel department that he helped organize and implement in 2005 following completion of a unique two-year in-house attorney training program. As Director of the Tribe's Legal Department, Monte represented and counseled the Tribe on a broad array of issues, including litigation in tribal, state and federal courts, legislative matters before the Colorado General Assembly and the United States Congress, and internal tribal matters such as contracting, code-drafting, and gaming issues.

Paul G. Moorehead Paul G. Moorehead is a Principal in Powers Pyles Sutter & Verville's Indian Tribal Governments Group.
Paul's practice is dedicated exclusively to federal Indian law and policy. He focuses on initiatives, policies and programs that affect Indian tribal governments and Native American people, including appropriations, commercial transactions, energy and natural resources development, trust reform, environmental protection, gaming, healthcare and telemedicine, housing and infrastructure development, tribal self-governance, taxation, and Indian land and water rights settlements. From 1997 to 2005, Paul was chief counsel and staff director to the U.S. Senate Committee on Indian Affairs. In this capacity, his duties included legislative oversight of all federal programs and related appropriations for American Indians, Alaska Natives, and Native Hawaiians. Before serving on the Senate Committee staff, Paul was counsel and government affairs director to the National Congress of American Indians, the oldest and most representative Indian tribal advocacy organization in the nation. In that position, he helped direct NCAI in its advocacy on Capitol Hill, in the agencies and in the courts, and establish positions on land into trust, gaming, appropriations, federal recognition, taxation, economic development, healthcare, child welfare, veterans' affairs, and a variety of other matters. Paul has spoken to many national, regional, and local organizations on a variety of Indian-related topics, especially tribal governance and economic development initiatives. He has been recognized by Chambers USA for Native American Law since 2006. He serves on the National Council of the National Museum of the American Indian, and is the President of Strategies for International Development, a non-profit serving American Indian farmers in Bolivia, Guatemala, and Peru. Paul holds a J.D. from Temple University School of Law and a bachelor's degree in International Relations and Economics from the University of Delaware.

Mason D. Morisset, Mason D. Morisset, Director at Morisset Schlosser Jozwiak & Somerville is responsible for Indian treaty and water rights litigation including successful arguments before the U.S. Supreme Court, the Washington and California Supreme Courts and the FERC.

David A. Mullon, Jr. is a partner at Venable and a member of the Legislative and Government Affairs Practice Group.
His practice focuses on a broad array of issues impacting various Native American tribes throughout the country with a particular emphasis on energy, water, land use, natural resources, environmental, and healthcare law, and legislative affairs. Most recently, David served as Chief Counsel to the National Congress of American Indians (NCAI), a nonprofit organization representing the interests of American Indian and Alaska Native tribal governments and communities. Prior to that, David spent over a decade with the United States Senate Committee on Indian Affairs in various positions including Minority Staff Director and Chief Counsel. While with the Indian Affairs Committee, David worked for and advised five separate committee chairs and vice-chairs and played significant roles in drafting several bills including the American Indian Probate Reform Act of 2004; Title V (Indian Energy) of the Energy Policy Act of 2005; and portions of the Indian Health Care Improvement Act reauthorization; the Tribal Law and Order Act of 2010; several Indian water settlement bills; and numerous other bills relating to other areas of Federal Indian policy. David also spent over a decade working for the Cherokee and Muscogee (Creek) Nations. A citizen of the Cherokee Nation, David served as the Nation's first in-house attorney and later Counsel. He represented the Cherokee Nation in federal, state and tribal court; provided legal advice and counsel to the Principal Chief; developed tribal legislation for the Nation's extensive Indian housing program; drafted extensive amendments to the Nation's membership and environmental codes; negotiated tribal-state compacts and cooperative agreements with the State of Oklahoma for law enforcement automobile licensing and registration; and communicated the Nation's legislative initiatives in Washington, DC. For the Muscogee (Creek) Nation, David served as Attorney General, the Nation's chief law enforcement officer, civil attorney and legal advisor to the Principal Chief and National Council. Through this position he represented the Nation in all criminal and juvenile proceedings in tribal court, all civil proceedings in tribal, state and federal court, including employment disputes, contracts and compacts; and represented the Nation before various federal agencies.

Jeremy J. Patterson Jeremy J. Patterson is a partner at Fredericks Peebles & Morgan and an enrolled member of the Cheyenne River Sioux Tribe (Minicoujou/Itazipco Lakota).
Mr. Patterson received his Juris Doctorate from the University of Wisconsin Law School and holds a Master of Laws degree in American Indian and Indigenous Law from the University of Tulsa. As part of his Master of Laws thesis, Mr. Patterson developed a legal history of the Cheyenne River Sioux Tribe, the first published comprehensive legal history of an American Indian tribe that fully documents the evolution of a tribe's legal, economic social and political systems. Mr. Patterson focuses his practice on representing American Indian tribes and tribal organizations in a vast array of areas including tribal government representation, tribal economic development, revision of tribal constitutions, management of water resources, and water rights settlement claims. Mr. Patterson also assists Tribal clients with energy development and policy issues, oil and gas development agreements, midstream projects and other permitting and regulatory compliance matters. Mr. Patterson is the past recipient of the National Center for American Indian Enterprise Development (NCAIED) Native American 40 Under 40 Award, has been listed in the "The Best Lawyers in America" and recognized by Denver based 5280 Magazine as a Top Lawyer in Native American Law for 2017 and 2018.

David C. Smith David C. Smith is Legal Department Director at the Southern Ute Indian Tribe. He has represented Tribes and individual Indians in matters involving trust mismanagement, energy development, treaty rights and protection of sacred sites.
David Smith is a partner in the Washington, D.C., office of Kilpatrick Townsend & Stockton, LLP. He has practiced law for over 30 years. During that time he has represented parties, including those working in the securities industry, in commercial litigation matters, including in major class actions around the country. He also has expertise in representing Tribes and individual Indians in matters involving trust mismanagement, treaty rights and protection of sacred sites. He serves as Class Counsel in the representation of approximately 500,000 Native Americans in Cobell v. Jewell, a class action against the United States arising out of the mismanagement of the individual Indian Trust. This resulted in a $3.4 billion settlement, the largest class action settlement against the federal government. He served as lead counsel in the case of Alabama v. PCI Gaming Authority, 801 F.3d 1278 (11th Cir. 2015), which successfully defended the Poarch Band of Creek Indians from efforts by the state to subject its tribal lands to state authority, and in July 2015, successfully obtained an order enjoining a tax assessor from assessing tribal lands. Poarch Band of Creek Indians v. Hildreth, 2015 WL 4469479 (S.D. Ala. July 22, 2015). He has been listed in The Best Lawyers in America for Commercial Litigation for many years and is AV rated by Martindale-Hubbell.* Mr. Smith is also committed to providing pro bono services to those in need. He has represented parents in international child abduction cases, regularly provides services to the Children's Law Centers in Washington, D.C., and North Carolina by serving as guardian ad litem for children involved in the court system, and represents indigent parties in civil litigation, often at the request of the federal district court. He received the award for "North Carolina Lawyer of the Year" from The Legal Aid Society of Northwest North Carolina for pro bono legal services provided to the community for the years 2001-2004. He also received the Kilpatrick Townsend Managing Partner's Award for Pro Bono Legal Services for 2004 and 2015. In 2017, Mr. Smith received the D.C. Bar's "Laura N. Rinaldi Pro Bono Lawyer of the Year" Award. Mr. Smith has been recognized as a 2015, 2016 and 2017 Washington, D.C. "Super Lawyer" in the area of Securities Litigation by Super Lawyers magazine.

The Hon. Andy Tobin The Hon. Andy Tobin is a Commissioner at the Arizona Corporation Commission. Two of his major focus areas are peak electric system demand and giving consumers tools for saving energy and money.
Prior to his appointment to the Arizona Corporation Commission, Tobin was appointed by the Governor to serve as director of the Arizona Department of Insurance in October 2015, providing oversight of all insurance companies, agents, brokers, licensing, and consumer protections. In addition, he was appointed acting director of the Arizona Department of Financial Institutions. Prior to those appointments, Tobin served as director of the Arizona Department of Weights and Measures, helping consolidate the agency, reducing costs and improving consumer services and protections. Commissioner Tobin was a long-time member of the Arizona House of Representatives, representing rural Arizona from 2006 to 2014. He was Speaker of the House from 2011 to 2014. Prior to his Speakership, he served as the House Majority Leader and Majority Whip. During his tenure in the House, he was appointed Vice Chair of the Education Committee and was a member of both the Pensions and Health and Human Services Committees, to name a few. Tobin was instrumental in passing landmark economic development tax reform, reinventing Arizona's Commerce Authority, and establishing the Department of Child Safety. Prior to joining the Department of Insurance, Tobin owned and operated insurance and consulting companies for 20 years and was also CEO of a local aerospace company, employing 200 people, from 2000 to 2003. Tobin was elected the National President of the United States Junior Chamber of Commerce (Jaycees) from 1988 - 1989. In that capacity, Mr. Tobin served as ex-officio board member of the Muscular Dystrophy Association, St. Jude's Children's Research Hospital, and the Hugh O'Brian Foundation. As head of the Jaycees, he also worked with the Reagan-Bush Administration regarding the passage of a Balanced Budget Amendment to the U.S. Constitution and a Line Item Veto.

Thomas N Tureen is Chairman and Co-Founder of Coachella Energy, which is a partnership between Coachella Partners, LLC, the Morongo Band of Mission Indians and Southern California Edison for a $1.0 billion transmission upgrade project for bringing renewable energy into California.
The project is now under construction and is expected to be placed in service in 2021. In 2008, while President of K Road Desert Power, Mr. Tureen conceived and initiated Moapa Solar, the first utility scale solar project in Indian Country. This 2,000 acre, 250 MW-ac project was sold to First Solar (NYSE: FSLR) and is now providing electricity to 150,000 homes in Los Angeles. At the outset of his career, while an attorney with the Native American Rights Fund, Mr. Tureen was lead counsel in land claims that resulted in the return of over 300,000 acres to his clients and the establishment of the process by which tribes obtain federal status. He later arranged a series of industrial acquisitions for tribes, including the acquisition of Dragon Cement, New England's only cement manufacturer, by the Passamaquoddy Tribe and the acquisition of Phoenix Cement, one of Arizona's two cement producers, by the Salt River Pima Maricopa Indian Community. The Dragon acquisition became a Harvard Business School case study and Salt River is now a dominant supplier of cement and concrete in Arizona. Mr. Tureen's law firm won a federal court decision that materially aided the expansion of tribal gaming, now a $28 billion per year industry, and played a central role in the development of Foxwoods Resort and Casino, which became Connecticut's largest tax payer and fourth largest employer. Mr. Tureen is a graduate of Princeton University and the George Washington University Law School.

Daren Zigich Daren Zigich is the Engineering Technology Program Manager for the Energy Conservation and Management Division of the New Mexico Energy, Minerals and Natural Resources Department. He serves as the the Principal Investigator for the DOE grant funded New Mexico Energy Roadmap Project.
Daren has a Masters Degree in Mechanical Engineering and has 29 years of professional work experience in both the public and private sector. His work history includes a range of experiences from being an engineer in the manned space program to an environmental regulator and multiple years as an engineer in the energy sector including the fuel ethanol and nuclear power industries.

Continuing Education Credits

Live credits: This program qualifies for up to 12.0 Arizona MCLE credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.

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Wild Horse Pass Hotel & Casino

5040 Wild Horse Pass Blvd in Chandler, AZ 85226
(800) 946-4452

The conference will be held at the Wild Horse Pass Hotel & Casino at 5040 Wild Horse Pass Blvd in Chandler, AZ 85226. Rooms are available at the specially negotiated rate of $79 per night plus tax. Call (520) 796-4900 and ask for the Tribal Energy Conference Rate.
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