Michael J. Novotny
1905 Harney St. Suite 300
Omaha, NE 68102
Bachelor’s Degree in Anthropological Archaeology, Boise State University (B.A., 2005)
Masters Degree in Anthropological Archaeology, Northern Arizona University (M.A. 2007)
Juris Doctor, Southern Methodist University Dedman School of Law (J.D. 2017)— Executive Board Member and Senior Articles Editor SMU Science and Technology Law Review
Arizona; Nebraska; U.S. Tax Court; Little River Band of Ottawa Indians Tribal Court; Little Traverse Bay Bands of Odawa Indians Tribal Court; Sac & Fox Nation of Missouri in Kansas and Nebraska Tribal Court; Winnebago Tribal Court; Oglala Sioux Tribal Court
PRIOR LEGAL EXPERIENCE
Associate, Fredericks Peebles & Morgan (2017-2019). Law Clerk at Legal Aid of Northwest Texas (2017); Squire Patton Boggs Fellow in Public Policy at DNA Peoples’ Legal Services (2016); Summer Associate at Fredericks Peebles & Morgan LLP (2015-16): Law Clerk at U.S. Department of Justice, U.S. Attorney’s Office for the Northern District of Texas (2014); Law Clerk U.S. Department of Justice, Environment and Natural Resource Division, Indian Resources Section (2014)
ASSOCIATIONS AND HONORS
Executive Board Member and Senior Articles Editor SMU Science and Technology Law Review; State Bar of Arizona; Native American Bar Association of Arizona; 2016 Squire Patton Boggs Fellowship, Winner of 2016 National Law Review Writing Competition; Finalist of 2016 American Constitution Law (ACS) Constance Baker Motley National Student Writing Competition; Third Place Winner of 2016 American Indian Law Review Writing Competition; Best Brief Nominee of 2014 Jackson Walker Moot Court Competition; Recipient of SMU Dedman School of Law Dean’s Scholarship; Recipient of LexisNexis Law Preview Scholarship; Recipient of 2012 Southwest Book of the Year Award presented by Arizona State Library Archives and Public Records Agency
State of Wyoming v. U.S. Dep’t of the Interior Confused Agency Overlap with Preclusion, 9:2 Ariz. J. Envt’l L. & Poly. 26 (Mar. 2019); A Statutory Tangle: How the Clean Power Plan Violates Clean Air Act Section 301(d) and the Tribal Authority Rule, 46:1 Tex. Envt’l L. J. 67 (Mar. 2016); Could Pro-Football v. Blackhorse Be a Knock-Out Punch to Trademark Law?, Nat’l L. Rev., available at: http://www.natlawreveiw.com/article (July 11, 2016); Excluding Non-Federally Recognized Tribal Members from Obtaining Eagle Parts Under 50 C.F.R. Section 22.22 Violates Post-Burwell RFRA, SSRN No. 2780493 (May 16, 2016), unpublished paper, available at http://ssrn.com/abstract=2780493; Co-authored with Francis Smiley, Motisinom: Ancient Peoples from Pleistocene to Pueblo, in Hisat’sinom: People in a Land without Water (Christian E. Downum ed., 2012).
Mr. Novotny’s practice centers on tribal self-governance with a focus in economic development, separation of powers, and natural resource procurement and production. Particularly, he is well-versed in contract formation and tribal code drafting. He also has litigation and transactional experience concerning separation of powers, tribal housing, tribal sovereignty, contract formation and breach, casino financing, licensing requirements for tribal economic entities, multi-million dollar construction and development projects, and the Indian Child Welfare Act. Mr. Novotny has published five scholarly works focusing on tribal issues and has either won or been a finalist in several national writing competitions. As a 2016 Squire Patton Boggs Fellow in Public Policy, Mr. Novotny worked in the Navajo Nation.
Mr. Novotny adds nearly a decade of experience working as an archaeologist in the American Southwest at private environmental compliance firms and the U.S. Forest Service. This work involved the inventory, documentation, and mitigation of archaeological resources in compliance with National Environmental Policy Act (NEPA) and National Historic Preservation Act (NHPA) for major energy-development undertakings on federal and tribal lands. Mr. Novotny was directly involved in the tribal consultation process for many of these projects, and has authored over eighteen (18) NEPA and NHPA compliance reports.