Modrall Sperling Law Firm

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 Public Lands Commissioner Announces Intention to End Easements to State Lands for Pumping Fresh Groundwater

Public Lands Commissioner Stephanie Garcia Richard on December 15, 2020 informed companies holding easements granting access for pumping fresh water from state trust lands managed by the New Mexico State Land Office (SLO) that SLO will not be renewing their easements, nor…

POSTED IN: Alerts

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…

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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

Court Resuscitates NWP 12 But Only for Non-Pipeline Projects

The United States District Court for the District of Montana breathed partial life back into Nationwide Permit 12 (NWP 12) in its May 11, 2020 decision limiting the scope of its April 15, 2020 vacatur of NWP 12 to new construction of…

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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…

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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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What’s in a Net Royalty Acre?

We all understand the definition of “net mineral acre.” It is derived by multiplying a fractional interest in minerals by the acreage over which the interest is owned….

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