Modrall Sperling Law Firm

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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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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Mineral Reservation Clause Allowing Mining Did Not Constrain Surface Owner’s Public Opposition

A New Mexico state court judge has rejected a mineral estate owner’s attempt to constrain a surface owner from publicly opposing its mining project on the basis of a strongly worded mineral reservation that expressly reserved mining rights and attendant surface rights. …

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Mining and Public Land Law Update

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