Articles

The Dakota Access Pipeline (DAPL) project continues to be the subject of extensive news coverage and ongoing controversy. Last quarter’s Watch discussed U.S. District Judge Boasberg’s memorandum opinion denying the Standing Rock Sioux Tribe’s Motion for Preliminary Injunction, which was immediately followed…

On March 6, 2017, the United States District Court for the Southern District of California rejected a challenge to a wind project in southeastern San Diego County, with known potential impacts to golden eagles.1 The project consisted of two phases, Phase I which…

Generally, an employee is not entitled to overtime pay unless she/he works more than 40 hours a week for a single employer. It is not uncommon, however, for a company which has a subsidiary company to employ some staff to work for both…

Since it was enacted, the Small Business Regulatory Enforcement Act of 1996, better known as the Congressional Review Act,[1. 5 U.S.C. §§ 801-808.] has been rarely used and certainly has not been the topic of headlines or water-cooler conversations. That has changed…

Many employers in New Mexico want to know if a job applicant has a criminal background. While this can certainly be important information for an employer to have, requesting the information during the interview process can give rise to claims of discrimination…

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Deadline Imposed for Compelling Arbitration Do you have arbitration agreements with your employees? If so, you should be aware that New Mexico enacted a new rule specifying the time by which a party must move to compel arbitration after a legal complaint…

By Brian Nichols, as published in Litigation: The Journal of the Section of Litigation, published by the American Bar Association, Winter 2017.

On November 28, 2016, the Environmental Protection Agency (“EPA”) published the final RCRA Hazardous Waste Generator Improvements Rule (“HWGI Rule”). See 81 FR 85732, November 28, 2016. The HWGI Rule is one of the most significant and comprehensive hazardous waste rulemakings that…

Renewable energy developments include hundreds of millions of dollars of capital investment and rely on micro-siting of generation equipment to ensure optimal performance. Therefore, these developments are particularly sensitive to any possibility of surface use for mineral exploration and development that could…