Modrall Sperling recognized by Chambers and Partners
Modrall Sperling has again achieved national ranking for its Native American Law practice from Chambers and Partners in their 2024 USA Guide. Additionally, four of the firm’s attorneys rank individually in Nationwide Native American Law. The 2024 edition also lists 14 of…
U.S. Supreme Court Limits EPA and the Corps’ Authority to Regulate Wetlands as Waters of the United States (WOTUS)
On May 25, 2023, a majority opinion of the Supreme Court of the United States (SCOTUS) in Sackett v. EPA et al., authored by Justice Alito and joined by Justices Thomas, Roberts, Gorsuch and Barrett, held that the authority of the Environmental…
Back to the Future: What is a Water of the United States?
On December 30, 2022, the U.S. Environmental Protection Agency (“EPA”) and Department of the Army jointly announced their latest final rule (the “2022 Rule”) on the definition of “waters of the United States” (“WOTUS”) under the Clean Water Act’s authority to regulate…
Stuart Butzier Appointed to Two-Year Term Chairing the International Bar Association’s Mining Law Committee
Stuart Butzier has accepted a two-year appointment to serve as Co-Chair of the International Bar Association’s Mining Law Committee, along with Chilean mining lawyer Pablo Mir. The Mining…
Update on New Mexico’s Methane Rules
EMNRD Finalized Regulations A few weeks ago, on May 25, 2021, the EMNRD published its new rules which limit most venting and flaring of natural gas as part of New Mexico’s mission to reduce methane emissions. The rules are now in effect…
Recent Biden Administration Orders Affecting the Energy Industry
In his first week in office, President Biden and administration officials have issued various Executive Orders, memoranda and other agency directives reversing previous Trump Administration policies and/or establishing new policies for federal agencies, which some have characterized as a fossil fuel freeze….
New Mexico’s Public Lands Commissioner Announces Intention to End Easements to State Lands for Pumping Fresh Groundwater
Public Lands Commissioner Stephanie Garcia Richard on December 15, 2020 informed companies holding easements granting access for pumping fresh water from state trust lands managed by the New Mexico State Land Office (SLO) that SLO will not be renewing their easements, nor…
New Mexico’s Conditional Certification of EPA’s Proposed Reissuance of the Multi Sector General Permit for Stormwater Discharges Associated with Industrial Activity Raises Significant Concerns
Background In mid-2020, the Environmental Protection Agency (EPA) proposed to reissue the Multi Sector General Permit (MSGP) for stormwater discharges associated with industrial activity (Permit NMR050000) under the Clean Water Act (CWA) Section 402 National Pollutant Discharge Elimination System (NPDES). Section 401…
New Mexico Oil Conservation Commission Adopts Rule Changes Concerning Produced Water
On September 3, 2020, the New Mexico Oil Conservation Commission adopted rules changes concerning produced water. See OCC Order No. R-21343-A (Sept. 3, 2020). Under the Produced Water Act, signed into law in 2019, the Commission and the Oil Conservation Division of…
New Mexico Environment Department’s Surface Water Quality Bureau Begins Triennial Review Process
On November 2, 2020, the New Mexico Environment Department’s (“NMED”) Surface Water Quality Bureau (“SWQB”) issued its notice inviting public comment on NMED’s proposed amendments to the State’s standards for interstate and intrastate surface water quality, codified under 20.6.4 NMAC. NMED issued…