Cases
Experience: White Collar Defense & Investigations: H
les complex criminal
civil environmental enforcement actions - including federal
state gr
jury proceedings
investigations - under the Clean Water Act, Clean Air Act,
other federal statutes, along with parallel state
/or Native American tribal enforcement activities, with clients ranging from individuals
small companies to the world's largest publicly traded corporation.
Serves as a Special Prosecutor, appointed by Native American Tribal governments, to investigate alleged misappropriation of tribal funds
other wrongdoing to enforce tribal law
ethics codes, obtain restitution
- in coordination with federal law enforcement - refer matters to the United States Attorney's Office for possible prosecution.
Environmental, Energy
Natural Resources: Litigates claims under the National Historic Preservation Act, National Environmental Policy Act, Religious Freedom Restoration Act, Uranium Mill Tailings Radiation Control Act,
other statutes in federal district
circuit courts of appeals.
Advises project proponents on memor
a of underst
ing
programmatic agreements with federal l
management agencies, including the US Forest Service, Bureau of L
Management,
Bureau of Indian Affairs, in support of the government-to-government consultation process with Native tribes
nations,
to achieve project proponents' effective compliance with the National Historic Preservation Act, the Native American Graves Protection
Repatriation Act,
other laws.
Negotiates cultural resource mitigation agreements with federally recognized Indian tribes to mitigate adverse impacts to various Native American
Alaska Native traditional cultural properties
sacred sites as provided in the National Historic Preservation Act
accompanying federal regulations.
Directs
manages energy, transportation
other right-of-way negotiations on federal, state, private
Native American trust
allotted l
s.
Develops
implements Native American
Alaska Native tribal monitoring programs,
also cultural resource compliance measures, in support of project proponents' construction
permitting activities on federal public l
s.
American Indian Law: Co-Chairs Greenberg Traurig's American Indian Law Practice Group, a network of professionals who work on matters involving tribes
tribal entities from the East Coast to Alaska.
Represented the private developer of the Gr
Canyon Skywalk in its federal
tribal court litigation challenging the purported condemnation, by eminent domain, by a federally recognized Indian tribe of the developer's interest in a glass viewing platform built on Native American trust l
- 4,300 feet above the floor of the Gr
Canyon - successfully exhausting tribal court remedies
leading to a confidential settlement.
Counsels tribally owned enterprises
corporations in various commercial, banking, financial services, real estate,
other transactional matters.
Litigates numerous cases in federal, state
tribal court on behalf of various Native American tribes
nation, as well as non-Indian companies
individuals dealing with tribes
tribal entities.
Advises companies
individuals in the divestiture
acquisition of fee properties within the exterior boundaries of Indian reservations across the country, the conversion of fee l
s into trust,
the leasing
development of tribal trust
allotted l
s by tribes
non-Indian developers.
Negotiates a wide range of agreements - on behalf of publicly traded corporations,
private companies
individuals - with tribal governments in matters involving asbestos
uranium remediation, hazardous waste transport
disposal, agricultural
farming operations on tribal trust l
s
tribally owned fee l
s,
real estate
commercial development.
H
les various administrative
regulatory compliance activities involving Native American tribal governments, enterprises
companies, such as the Navajo Preference of Employment Act
other tribal employment rights/preference laws
tribal OSHA
workplace safety
enforcement activities
collective-bargaining
labor union organizing in tribal casinos
other properties
taxation matters
liquor
tobacco laws
regulations
banking
finance
the development of traditional
renewable energy
mineral resources.
Defends FINRA mediation
arbitration actions against non-Indian banks
financial institutions by Native American tribal governments alleging securities
other violations.
Serves as an elected member of the Navajo Judicial Conduct Commission, the independent tribal governmental body overseeing ethics
performance of the Nation's judges
justices,
is past recipient of the Navajo Nation Bar Association's Member of the Year Award.
Administrative
Regulatory Law: Represents major national
regional hospital systems in their full or partial conversion from non-profit to for-profit status, pursuant to state law
subject to state approval.
Served as a Special Assistant Attorney General to the State of Colorado in the privatization, pursuant to federal
state law, of Program for All-Inclusive Care for the Elderly (PACE) facilities for dual eligibility Medicare-Medicaid patients.
Named Colorado Lawyer of the Year by Law Week Colorado for representing The Colorado Health Foundation - the third largest private health care foundation in the United States - in the sale of its $1.5 billion equity interest to the nation's largest for-profit hospital system, advising the Foundation throughout the state regulatory approval process
successfully defending the adequacy of that process in Denver District Court
the Colorado Court of Appeals.
Defended one of the world's largest medical device
pharmaceutical companies in mass-tort products liability
wrongful death actions in multiple Native American tribal courts.
Represents Indian tribes in civil rights investigations
enforcement actions involving alleged misconduct by local law enforcement off-reservation, as well as 'hospital-dumping'
the refusal to treat Native Americans in border town hospitals.
Mediation: Represents multi-national companies, state governments,
Indian tribes
nations to mediate high-profile disputes. This includes controversies involving energy pipelines
other sensitive infrastructure projects.
Navajo Engineering Construction Authority v. U.S. Composite Pipe, LLC d/b/a Thompson Pipe Group-Flowtite (mediated confidential settlement resolving litigation in U.S. District Court for the District of New Mexico
In Navajo Nation District Court, Shiprock District regarding the federally funded Navajo-Gallup Water Pipeline System Project).
Recent engagements in which Troy served as the mediator, selected by mutual agreement of the parties, include Enbridge (USA) - Bad River B
of Lake Superior Chippewa Tribe (interstate crude oil pipeline)
DaVilla
Kiowa Tribe of Oklahoma - Enable Midstream Partners, LP (intrastate natural gas pipeline)
Barboan v. Public Service Company of New Mexico (transmission line right-of-way renewal on allotted l
s with Navajo Nation fractional ownership).
Government Experience: United States Attorney, District of Colorado, August 2006-January 2009
Cabinet Member, Colorado Governor Bill Owens, 1999-2003
In-House Experience: Chief Operating Officer & General Counsel, InfoTEST International, Inc., 1994-1998
Associate, Holme Roberts & Owen LLP, Denver, Colorado, 1992-1994
