SpokaneWashington(WA) Rey-Bear, Daniel I.S.J. personal infomation and areas of practice

Washington SpokaneNordhaus Law Firm, LLP attorney Rey-Bear, Daniel I.S.J. is a Very good lawyer practice area in Environmental, Litigation & Appeals, Native Peoples, Natural Resources,Nordhaus Law Firm, LLP

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• DANIEL I.S.J. REY-BEAR, born in London, England, January 11, 1969.

  Bar and Court Admissions: Colorado; New Mexico; California; U.S. Supreme Court; U.S. Courts of Appeals for the?Ninth, Tenth, Eleventh, Federal, and District of Columbia Circuits; U.S. Court of Federal Claims, U.S. District Courts for New Mexico, Colorado, Northern District of Texas, Northern District of California, and District of Columbia; and the Coushatta Tribe of Louisiana.?Language:?French

  Employment: Mr. Rey-Bear specializes in litigation, transactional work, intergovernmental issues, and client support concerning sovereign immunity, jurisdiction, trust enforcement, employment, land acquisitions, economic development, financing, and taxation, as well as environmental protection, permitting, assessments, and remediation.

  Education: Rice University, B.A. in Philosophy (1990), B.S. Mechanical Engineering (1992); University of Texas School of Law, J.D. (1995). During law school, Mr. Rey-Bear served as Managing Editor of Texas Forum on Civil Liberties and Civil Rights and was a Fellow, Board of Directors member, and Treasurer of Texas Law Fellowships, Inc., which funds public-interest law student internships.

  Professional Activities: American Law Institute, Elected Member and appointed Advisor for inaugural Restatement of American Indian Law, 2012 - present; UNM Law School, Adjunct Professor - Indian Law Appellate Advocacy, 2008 – 2012; NALSA Moot Court Competition, 2004 - 2013; California Indian Law Association, Board Member, 2005 – 2011, President, 2010-2011, & Vice-President, 2006-2007;?Federal Bar Association Indian Law Conference, Conference Co-Chair, 1998-2001.

  Before joining the Nordhaus firm in April 1997, Mr. Rey-Bear served as a staff attorney for the U.S. Court of Appeals for the Eleventh Circuit, in Atlanta, Georgia. In that position, Mr. Rey-Bear worked on over 160 cases for various federal appellate judges and was recognized as the outstanding Eleventh Circuit Staff Attorney for the 1995-1996 term.?????????During law school, Mr. Rey-Bear’s work included experience with the Indian Law Resource Center, in Helena, Montana; the U.S. Environmental Protection Agency, Office of the General Counsel, and the U.S. Senate Indian Affairs Committee, both in Washington, D.C.; and the Texas Indian Bar Association and the Consumer Protection Division of the Texas Office of the Attorney General, both in Austin, Texas.? Prior to law school, Mr. Rey-Bear worked as a machinery engineer with the M.W. Kellogg Company, in Houston, Texas.?

  Notable transactions include the following:? Casino refinancing; Negotiation of financing agreement and five-way intergovernmental agreement, and issuance of legal opinions on jurisdiction, sovereign immunity, Non-Intercourse Act, NEPA compliance, and title issues for 25-year, zero-interest, $18.75 million loan under federal Clean Water Act State Revolving Fund from State Water Resources Board to tribe to purchase over 22,000 acres of land to conduct sustainable forestry, watershed restoration, nonpoint source pollution management, and carbon sequestration; NEPA, CEQA. and CWA compliance, cooperative agreement negotiation, compensatory wetland establishment, and construction dispute mediation for hotel and commercial marina development; NEPA and CWA compliance for 1600-acre master planned community; 14 federal acquisitions of land in trust for tribes totaling almost 60,000 acres.?Cases litigated include the following: Jicarilla Apache Nation v. United States, 100 Fed. Cl. 726 (2011) (briefed and argued as amicus curiae), holding that claims for failure to maximize and pool tribal trust funds are within Indian Tucker Act jurisdiction; Armijo v. Pueblo of Laguna, 2011-NMCA-006,149 N.M. 234, 247 P.3d 1119 (2010), cert. denied, No. 32,687 (Dec. 6, 2010), holding that tribal sovereign immunity bars off-reservation quiet title dispute; Jicarilla Apache Nation v. United States, 88 Fed. Cl. 1 (2009), rejecting federal effort to obtain discovery of private tribal financial records based on federal fiduciary duty for tribal trust fund management (briefed and argued as amicus curiae); Bales v. Chickasaw Nation Industries, 606 F. Supp. 1308 (D.N.M. 2009), holding that sovereign immunity precludes Title VII and ADEA claims against federally chartered tribal corporation; Navajo Nation v. United?States, 46 Fed. Cl. 217 (2000), rev’d, 263 F.3d 1325 (Fed Cir. 2001), rev’d, 537 U.S. 488 (2003), on remand, 347 F.3d 1327 (Fed. Cir. 2003), on remand, 68 Fed. Cl. 805 (2005), rev’d, 501 F.3d 1327 (Fed. Cir. 2007), rev’d, 129 S.Ct. 1547 (2009), finding lack of jurisdiction under the Indian Tucker Act over claims that the United States violated statutory, regulatory, and common law fiduciary duties regarding approval of a tribal coal lease amendment; Jicarilla Apache Nation v. Rio Arriba County, 376 F.Supp.2d 1096 (D.N.M. 2004),?aff’d, 440 F.3d 1202 (10th Cir. 2006), concerning class-of-one equal protection claim for discriminatory tax treatment; Big Valley Band of Pomo Indians v. Superior Court of Lake County, 133 Cal.App.4th 1185 (2005), issuing writ of mandate based on holding that arbitration clause in alleged employment contracts did not waive tribal sovereign immunity for breach of contract action; Thompson v. Poncho, No. C-04-089 (Coushatta Tribe of Louisiana Court of Appeals May 2, 2005), affirming dismissal of claims by former tribal employee based on tribal sovereign immunity; Pueblo of Laguna v. United States, 60 Fed. Cl. 133 (2004), imposing a record retention order on the United States over the United States’ objections in a breach of trust case; Jicarilla Apache Nation v. United States, 60 Fed. Cl. 611 (2004), rejecting United States’ assertion of a discovery privilege under the Indian Mineral Development Act; Jicarilla Apache Nation v. Rio Arriba County Assessor, 92 P.3d 642 (N.M. Ct. App. 2003), rev’d sub nom. Jicarilla Apache Nation v. Rodarte, 103 P.3d 554 (N.M. 2004), abrogated in part, N.M. Laws 2005, ch. 231, concerning whether the management of land to produce and commercially harvest private and wild elk constitutes an agricultural use of land for property taxation purposes; National Labor Relations Board v. Pueblo of San Juan, 305 F. Supp. 2d 1229 (D.N.M. 2003), awarding attorneys fees under Equal Access to Justice Act with enhancement for expertise in federal Indian law; Rio Arriba County v. Acting Southwest Regional Director, 36 IBIA 14, recon. denied, 36 IBIA 102 (2001), upholding acquisition of a 32,000-acre ranch in trust for the Jicarilla Apache Nation against various challenges but remanding for reconsideration of taxation issues, on appeal, 38 IBIA 18, recon. denied, 38 IBIA 108 (2003), upholding reconsideration of taxation issues but referring matter to Assistant Secretary for Indian Affairs based on possibility of bias by uninvolved local official; HRI, Inc. v. E.P.A., 198 F.3d 1224 (10th Cir. 2000), affirming federal regulation of underground injection control under the Safe Drinking Water Act within potential off-reservation dependent Indian community; and N.L.R.B. v. Pueblo of San Juan, 30 F. Supp. 2d 1348 (D.N.M. 1998), aff’d, 276 F.3d 1186 (10th Cir. 2002) (en banc), affirming inherent tribal authority to prohibit union security agreements on trust lands via a right-to-work ordinance.

  Preparation of Amici Curiae Briefs:? Jicarilla Apache Nation v. United States, 91 Fed. Cl. 489 (2010), citing amicus brief favorably in denying federal motion to stay production pending further appellate review of privilege claim;?In re United States, 590 F.3d. 1305 (Fed. Cir. 2009), rev’d sub. nom United States v. Jicarilla Apache Nation, 564 U.S.

• Colorado, 1995 New Mexico, 1997 California, 1999 U.S. Supreme Court, 1999 U.S. Court of Appeals 10th Circuit, 1999 U.S. Court of Appeals 11th Circuit, 1999 U.S. Court of Appeals Federal Circuit, 1999 U.S. Court of Federal Claims, 1999 U.S. District Court District of New Mexico, 1999 U.S. District Court District of Colorado, 1999 U.S. District Court Northern District of Texas, 1999 U.S. District Court Northern District of California, 1999 U.S. Court of Appeals District of Columbia Circuit, 1999 U.S. District Court of the District of Columbia Louisiana Coushatta Tribal Court

• American Law Institute, 2012 - Present (Elected Member and appointed Advisor for inaugural Restatement of American Indian Law) UNM Law School, 2008 - 2012 (Adjunct Professor- Indian Law Appellate Advocacy) NALSA Moot Court Competition, 2004 - 2013 California Indian Law Association, 2005 - 2011 (Board Member) California Indian Law Association, 2010 - 2011 (President) California Indian Law Association, 2006 - 2007 (Vice President) Federal Bar Association Indian Law Conference, 1998 - 2001 (Conference Co Chair) State Bar of New Mexico (Member) Federal Bar Association, Indian Law Section (Member) Native American Bar Association (Member) American Bar Association, Section on Natural Resources, Energy, and Environment (Member)

• The University of Texas School of Law, Austin, Texas, 1995J.D.Honors: FellowHonors: Board of Directors memberHonors: Treasurer of Texas Law Fellowships, Inc.Law Review: Texas Forum on Civil Liberties & Civil Rights, Managing Editor Rice University, 1990B.A.Major: Philosophy Rice University, 1992B.S.Major: Mechanical Engineering

• Clients

  The firm provides multifaceted legal services of the highest quality to our clients. We are fortunate to have formed long-term relationships and true friendships with our clients forged by standing firm together for Indian sovereignty.

  The Nordhaus Law Firm is general counsel or special counsel to more than 30 Indian nations and tribal entities.

  Practice Areas

  The Nordhaus Law Firm offers a wide array of quality legal services. The firm primarily represents Indian Tribes and entities. Because of our philosophy, our people, and our dedication to the representation of Indian nations, business enterprises, and members, the attorneys and staff at the firm are uniquely positioned to accomplish the goals of our clients. We are pleased and privileged to share in greater detail some of the specifics of our practice areas and expertise.

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Spokane Washington lawyer Rey-Bear, Daniel I.S.J.

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