Modrall Sperling Law Firm

Court Affirms Contested Mine Permit Revision Changing Underground Uranium Mine from Standby to Active Status

In an appeal on the record taken by environmental groups pursuant to Rule 1-074 NMRA, the First Judicial District Court in Santa Fe affirmed a significant revision of Mt. Taylor Mine’s existing mine permit originally issued decades ago under the 1993 New…

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Water Quality Control Commission Unanimously Upholds Proposed Mine’s Groundwater Discharge Permit Issued Under the Copper Rule

On August 13–14, 2019, in what many view as bellwether cases, the New Mexico Environment Department’s (NMED) Water Quality Control Commission (WQCC) decided two administrative appeal challenges to the first-ever groundwater discharge permit (DP) issued by NMED to a proposed new copper…

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New Mexico Produced Water Act

The New Mexico Legislature passed by an overwhelming majority, and Governor Lujan Grisham signed, the Produced Water Act, a bipartisan effort to encourage and facilitate the recycling and reuse of produced water by oil and gas producers and the conservation of fresh…

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Tenth Circuit Overturns BLM’s Mancos Shale Oil and Gas APD Approvals

Dine’ Citizens Against Ruining our Environment, an environmental non-governmental organization (NGO) and other environmental groups (collectively, Dine’ CARE), brought suit against the United States Bureau of Land Management (BLM) and the Secretary of the Interior, challenging the BLM’s compliance with the National…

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Annual Environmental Law Update

This paper was originally published by the Rocky Mountain Mineral Law Foundation in the Proceedings of the 64th Annual Rocky Mountain Mineral Law Institute (2018) This chapter highlights…

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The 2018 Form 1040 – “Simplicity” Could Be a Trap For the Unwary

By April 15, 2019, individuals are required to file a Form 1040 reporting their income and tax liability for 2018. As a result of the 2017 Tax Act,…

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Tax Return Key

Protecting New Mexico Employers From Inadvertent FMLA Violations: What Can Your Employee Do (or Not) While on FMLA Leave?

Maybe you have an employee on FMLA leave who just can’t help herself, she has to answer emails and check in with the office. Is this work under the Family Medical Leave Act (FMLA)? Perhaps you need to know where a file is located,…

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Are Employee Evaluations Still Relevant in Today’s Business Environment?

Corporate trendsetters are moving in the direction of eliminating a historical function of human resource departments: the annual performance evaluation. In fact, an estimated 10 percent of Fortune 500 companies have jettisoned the practice of annual employee evaluations, including Deloitte, Gap, Medtronic, Accenture…

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Tips for Conducting Employee Investigations

Investigating your employee for inappropriate conduct can be a sensitive and difficult task. An employer’s decisions regarding how to conduct the investigation can have significant impact in subsequent litigation related to the investigation. Here are some tips for how New Mexico employers can…

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What Employers Need to Know About New Mexico’s Domestic Abuse Leave

While employees and employers are familiar with the terms sick leave, annual leave, and medical leave, New Mexico is also one of several states to require employers to provide an employee with domestic abuse leave. The Promoting Financial Independence for Victims of…

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