Federal District Court Upholds Uranium Mining Within a Traditional Cultural Property Without Further NEPA Review and With Abbreviated NHPA Consultation
…Ninth Circuit affirmed in 1991.[2. Havasupai Tribe v. United States, 752 F.Supp. 1471 (D. Ariz. 1990), aff’d, 943 F.2d 32 (9th Cir. 1991).] The mine owner, Energy Fuels Nuclear, Inc….
ONRR Proposes Oil, Gas and Coal Royalty Reform
…coal leases. See 80 Fed. Reg. 608, available at https://www.onrr.gov. Comments pertaining to the proposed rule must be submitted to ONRR on or before March 9, 2015. Preceding the proposed…
Energy & Resources Notes – Spring 2015
…LEXIS 13496 (D.N.M. Jan. 19, 2015). Continue Reading. New Mexico Oil Conservation Commission Adopts New Produced Water Regulations On March 12, 2015, the New Mexico Oil Conservation Commission formally approved…
New Mexico Mining Commission Narrowly Expands Minimal Impact Permitting Opportunities for Certain Mining Operations
On April 20, 2016, the New Mexico Mining Commission (“NMMC”) conducted a hearing to consider a rule change to the New Mexico Mining Act Reclamation Program (“MARP”) regulations. The New…
Court Resuscitates NWP 12 But Only for Non-Pipeline Projects
…https://www.modrall.com/2016/11/22/dakota-access-controversy-standing-rock-sioux-tribe-v-u-s-army-corps-of-engineers-policy-review-of-federal-governments-tribal-consultation-obligations-and-why-this-matters-to-us/;https://www.modrall.com/2017/04/11/dakota-access-pipeline-project-update/; https://www.modrall.com/2017/08/22/dakota-access-pipeline-project-update-corps-nepa-analysis-flawed-part/; https://www.modrall.com/2018/06/01/update-on-dakota-access-pipeline-litigation/; and https://www.modrall.com/2020/05/12/revisiting-and-updating-the-dakota-access-pipeline-controversy/. In addition, a more scholarly discussion can be found at: https://www.modrall.com/2018/01/17/black-snakes-essential-infrastructure-dakota-access-pipeline-standing-rock-sioux-tribe-v-u-s-army-corps-engineers-federal-governments-tribal-consultation-obligations-m/, first published by the Rocky Mountain Mineral Law Foundation. [3] eBay Inc. v. MercExchange,…
Reservation Diminishment: Implications for Tribal Taxing Powers over Non-Members
…United States Supreme Court issued its opinion in[1. Nebraska v. Parker.[1.Nebraska v. Parker, 136 S. Ct. 1072 (2016).] In a unanimous opinion authored by Justice Thomas, the Court held that…
New Mexico Oil Conservation Commission Adopts Rule Changes Concerning Produced Water
…Division needs more data to inform future proposed rules. Id. On September 3, 2020, the Commission approved proposed changes to Rules 19.15.2, 19.15.16 and 19.15.34 NMAC, which became effective October…
The Silver Lining: Efficiencies in BIA’s Newly Effective Right-of-Way Regulations
…consideration and damages. If the grant specified the amount of compensation or a method for determining compensation, that information may be evidence of adequate compensation. BIA must provide notice to…
Mia Kern on Advisory Committee for Children’s Law
Mia Kern, an associate with Modrall Sperling, has been tapped to serve on a University of New Mexico School of Law Advisory Committee charged with designing a new program in…