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New Mexico Upstream Oil and Gas Regulation: Overview

A Practice Note providing an overview of the regulatory framework for upstream oil and gas development in New Mexico. This Practice Note discusses the roles and responsibilities of key state and federal agencies, including the New Mexico Oil Conservation Commission (OCC), Oil…

Recent Biden Administration Orders Affecting the Energy Industry

In his first week in office, President Biden and administration officials have issued various Executive Orders, memoranda and other agency directives reversing previous Trump Administration policies and/or establishing new policies for federal agencies, which some have characterized as a fossil fuel freeze….

Seismic Operations Held Subject to Notice and Negotiation Requirements of Surface Owners Protection Act

In a July 28, 2015 opinion, the New Mexico Court of Appeals (Court of Appeals) determined that geophysical seismic operations constitute “oil and gas operations” under NMSA 1978, § 70-12-5(A) of the Surface Owners Protection Act (SOPA), thereby subjecting an operator to strict…

No Mora Moratorium on Drilling

United States District Court Judge James Browning issued a lengthy opinion on January 19, 2015 invalidating Mora County’s “Community Rights and Local Self-Government Ordinance”, enacted by the County in 2013, that prohibited oil and gas development by corporations in the county.   See SWEPI,…

Supreme Court Reaffirms That State Tort Claims Against Railroads Based on Alleged Inadequacy of Warning Devices at Crossings Are Preempted By Federal Law