Modrall Sperling Law Firm

Are Your Overrides Really Pooled? REALLY?

The answer may depend on whether they were created by assignment or by reservation. An uncommitted overriding royalty interest in a unitized tract can gum the works.  Its owner can claim her full undiluted percentage of production from a drillsite tract, forcing…

POSTED IN: Articles

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…

POSTED IN: Alerts, Articles

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…

POSTED IN: Alerts, Articles

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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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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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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Attorney Chris Killion Joins Modrall Sperling

Modrall Sperling is pleased to announce that Chris Killion has joined the firm as a Shareholder. Chris’ practice is focused on issuing drilling, division order, and acquisition title…

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Update on Dakota Access Pipeline Litigation

The Dakota Access Pipeline litigation was originally brought by the Standing Rock Sioux Tribe in 2016, quickly joined by the Cheyenne River Sioux Tribe, to challenge construction of the Dakota Access pipeline (“DAPL”), and specifically DAPL’s crossing of the Missouri River at…

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New Mexico’s Renewable Energy Outlook Following 2017 Legislative Session

April 7, 2017 was the last day for the Governor to sign, veto, or pocket veto any bills passed by the New Mexico legislature during the 2017 legislative session.  What passed and what did not is significant for New Mexico’s renewable energy…

POSTED IN: Articles