Modrall Sperling Law Firm

Update on New Mexico’s Methane Rules

EMNRD Finalized Regulations A few weeks ago, on May 25, 2021, the EMNRD published its new rules which limit most venting and flaring of natural gas as part of New Mexico’s mission to reduce methane emissions. The rules are now in effect…

POSTED IN: Alerts, News

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….

POSTED IN: Alerts, News

New Mexico’s 2020 Statewide Water Quality Management Plan and Continuing Planning Process Approved by EPA

On October 23, 2020, the United States Environmental Protection Agency (EPA) approved New Mexico’s 2020 Statewide Water Quality Management Plan and Continuing Planning Process (WQMP/CPP). Broadly speaking, the WQMP/CPP outlines the processes by which New Mexico manages its water quality programs, including…

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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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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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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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Tenth Circuit Overturns BLM’s Mancos Shale Oil and Gas APD Approvals

Dine’ Citizens Against Ruining our Environment, an environmental non-governmental organization (NGO) and other environmental groups (collectively, Dine’ CARE), brought suit against the United States Bureau of Land Management (BLM) and the Secretary of the Interior, challenging the BLM’s compliance with the National…

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Annual Environmental Law Update

This paper was originally published by the Rocky Mountain Mineral Law Foundation in the Proceedings of the 64th Annual Rocky Mountain Mineral Law Institute (2018) This chapter highlights…

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