The Corporate Transparency Act – The Need to File and Avoid Being Scammed
As a general rule, all limited partnerships, corporations, and limited liability companies that were in existence before January 1, 2024, and have fewer than 20 full time employees AND had gross receipts or revenue not in excess of $5,000,000 in 2023 must…
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…
Off-Highway Motor Vehicles Are Not Subject to the Mandatory Financial Responsibility Act
On October 25, 2022, the New Mexico Court of Appeals held in Castillo v. Allstate Property and Casualty Insurance Company, 2022-NMCA-____ (No. A-1-CA-39107, filed Oct. 25, 2022) that a Polaris Ranger RZR, an all-terrain vehicle, was an off-highway motor vehicle that was…
Modrall Sperling COVID-19 Task Force Updated May 12, 2021
*This article is authored by Roberta Cooper Ramo with Alicia Ubeda Harvey, Jamie L. Allen and other Modrall Sperling attorneys. Modrall Sperling strives to be a resource…
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…
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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…
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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…
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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…
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New Mexico’s Proposed Methane Rules
Executive Order 2019-003 One month after she assumed office on January 1, 2019, New Mexico Governor Michelle Lujan Grisham issued Executive Order 2019-003. The executive order finds that methane is a powerful greenhouse gas and that the oil and gas industry is…
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