The Demise of Deference? Chevron’s and Auer’s Uncertain Future
Introduction: President Trump’s recent executive orders and ongoing commitment to regulatory reform are finding complimentary provisions in the form of a number of bills being considered in Congress. One of those bills, the Regulatory Accountability Act of 2017,1 includes a provision that…
ONRR’s Federal Oil & Gas and Federal & Indian Coal Valuation Reform: A Call for Comments, Industry Here’s Your Shot
As noted in a previous update,1 on January 6, 2015 the U.S. Department of the Interior’s Office of Natural Resource Revenue (ONRR) announced a proposed rulemaking amending its regulations governing valuation, for royalty purposes, of oil and gas produced from Federal onshore…
Energy & Resources Notes Spring 2017
View as PDF Articles: Executive Order Expediting Environmental Reviews and Approvals for High Priority Infrastructure Projects In his first 100 days, President Trump issued numerous (28 to date) executive orders addressing key issues ranging from immigration to health care. In this issue,…
Wind River Reservation Held Diminished: EPA’s Contrary Determination Set Aside Despite EPA Reliance on Solicitor Opinion
On February 22, 2017, the Tenth Circuit Court of Appeals issued a decision finding that the Wind River Reservation in Wyoming, established by, as relevant here, an 1896 treaty, was diminished by a 1905 Act of Congress in which the Eastern Shoshone…
New Mexico’s Renewable Energy Outlook Following 2017 Legislative Session
April 7, 2017 was the last day for the Governor to sign, veto, or pocket veto any bills passed by the New Mexico legislature during the 2017 legislative session. What passed and what did not is significant for New Mexico’s renewable energy…
Limiting the Scope of “Joint Employment” Under New Mexico Law
In a recent opinion, the New Mexico Court of Appeals refused to affirm a jury verdict finding that several affiliated entities qualified as either “joint venturers” or “joint employers.” See Wirth v. Sun Healthcare Grp., Inc., 2017-NMCA-007, 2016 N.M. App. LEXIS 94….
Modrall Sperling Attorneys Listed in 2017 Southwest Super Lawyers®
Modrall Sperling is pleased to announce 40 of our attorneys were included in the 2017 edition of Southwest Super Lawyers. Five attorneys were listed among the “Top 25…
Dakota Access Pipeline Project Update
The Dakota Access Pipeline (DAPL) project continues to be the subject of extensive news coverage and ongoing controversy. Last quarter’s Watch discussed U.S. District Judge Boasberg’s memorandum opinion denying the Standing Rock Sioux Tribe’s Motion for Preliminary Injunction, which was immediately followed…
Modrall Sperling Hires New Executive Director
Janet Wulf, CPA, has been named Executive Director at Modrall Sperling. She brings to the position a diversity of experience and a strong track record of administrative management…
Legislative Update: Water Law Developments in New Mexico
Shareholder Susan Miller Bisong will provide details on “Legislative Update: Water Law Developments in New Mexico” as part of CLE International’s Law of the Rio Grande, at La Fonda in Santa Fe, New Mexico.