Modrall Sperling Law Firm

Solenex, LLC v. Bernhardt, Secretary, U.S. Department of the Interior: Cancellation of 1982 Oil and Gas Lease Upheld – Significant Cultural and Religious Lands of the Badger-Two Medicine Area in Montana

Introduction and Setting           On June 16, 2020, the United States Court of Appeals for the District of Columbia wrote what could be the last chapter in a long-running dispute over an oil and gas lease issued by…

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Modrall Sperling COVID-19 Task Force Updated June 9, 2020

*This article is authored by Roberta Cooper Ramo with Nicole T. Russell, Haley B. Adams and other Modrall Sperling attorneys. In a very short period of time, the COVID-19 virus already has made a lasting imprint on the daily lives of individuals. …

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Court Resuscitates NWP 12 But Only for Non-Pipeline Projects

The United States District Court for the District of Montana breathed partial life back into Nationwide Permit 12 (NWP 12) in its May 11, 2020 decision limiting the scope of its April 15, 2020 vacatur of NWP 12 to new construction of…

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UPDATE: Modrall Sperling COVID-19 Task Force

*This article is authored by Roberta Cooper Ramo with Nicole T. Russell, Haley B. Adams and other Modrall Sperling attorneys. Latest change in business openings in New Mexico: per Governor Lujan Grisham’s most recent press release, available here, on May 16, most…

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Revisiting and Updating the Dakota Access Pipeline Controversy

Federal Court Orders U.S. Army Corps of Engineers to Prepare An Environmental Impact Statement[1]   In a March 25, 2020 decision, issued over two and a half years after his remand of the Corps’ permitting approval authorizing construction of an oil pipeline…

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A Cure for the Common Coronavirus – Keeping Your Lease Alive

Many oil and gas leases and contractual arrangements that made sense a few weeks ago make no sense at current oil prices.  The law may, however, provide some relief for those stuck between low oil prices and the need to spend millions…

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U.S. Supreme Court Establishes Middle Ground on Clean Water Act Regulation of Point Source Pollutant Discharge and Travel Via Groundwater

In County of Maui v. Hawaii Wildlife Fund,[1] the United States Supreme Court provided its latest decision on the regulatory reach of the federal government to control discharge of pollutants into navigable waters under the Clean Water Act (“CWA”). Justice Breyer, writing…

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The Corps’ NWP 12 for Pipelines and Transmission Lines is Vacated and Enjoined

The United States District Court for the District of Montana, Great Falls Division, issued an order on April 15, 2020 in the ongoing litigation regarding permitting of the Keystone XL pipeline that has far-reaching implications for pipeline, electric utility line, and other…

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Water Quality Control Commission Unanimously Approves Mine’s Proposed Regulatory Amendments to Surface Water Standards

On October 8, 2019, following a public hearing, the New Mexico Water Quality Control Commission (WQCC) unanimously approved Peabody Natural Resources Company’s (Peabody) proposed amendments to the WQCC’s regulations governing standards for interstate and intrastate surface waters codified at N.M. Code R….

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Minerals for New Technologies and Low Carbon Economies

Co-Authored by Stuart Butzier – Modrall Sperling and Casper Herler – Borenius Attorneys, Helsinki, Finland Originally printed in the Newsletter of the International Bar Association’s Mining Law Committee…

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