Month: May 2016

Three companion decisions in Atlantic Richfield Co. v. U.S. et. al., Case No. 1:15-cv-00056, in the U.S. District Court for the District of New Mexico, provide insight on the CERCLA statute of limitations, potential pitfalls in pleading CERCLA claims, and the defense of…

On March 1, 2016, the United States Court of Appeals for the District of Columbia Circuit upheld the United States Fish and Wildlife Service’s (“Service”) decision to not list the dunes sagebrush lizard.[1. Defenders of Wildlife, v. Sally Jewell, 2016 WL 790900 (D.C. Cir….

The complexity of the Health Insurance Portability and Accounting Act (HIPAA) makes it difficult for well-intentioned employers to ensure compliance with its provisions. We often field calls from New Mexico employers asking if HIPAA applies in certain situations and what steps they…

A new law offers the prospect of faster Federal approvals and limitations on judicial challenges for certain large infrastructure projects that must comply with the National Environmental Policy Act (“NEPA”).  In December 2015, Congress enacted and President Obama signed into law the…

Between 25% and 30% of all adults in New Mexico are obese.[1. United States Centers for Disease Control and Prevention]  With such a significant percentage of New Mexicans being affected by obesity, employers are increasingly faced with issues regarding whether or not…

Introduction: Writing another chapter in its long-running book regarding whether boundaries of Indian Reservations across the country have been diminished or reduced by Congressional action, on March 22, 2016, the United States Supreme Court issued its opinion in[1. Nebraska v. Parker.[1.Nebraska v….