Modrall Sperling Law Firm

U.S. Supreme Court Establishes Middle Ground on Clean Water Act Regulation of Point Source Pollutant Discharge and Travel Via Groundwater

In County of Maui v. Hawaii Wildlife Fund,[1] the United States Supreme Court provided its latest decision on the regulatory reach of the federal government to control discharge of pollutants into navigable waters under the Clean Water Act (“CWA”). Justice Breyer, writing…

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The Corps’ NWP 12 for Pipelines and Transmission Lines is Vacated and Enjoined

The United States District Court for the District of Montana, Great Falls Division, issued an order on April 15, 2020 in the ongoing litigation regarding permitting of the Keystone XL pipeline that has far-reaching implications for pipeline, electric utility line, and other…

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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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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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Chambers USA Honors 18 Modrall Sperling Attorneys

Modrall Sperling has once again achieved national ranking as a firm from Chambers USA: America’s Leading Lawyers for Business for its Native American Law practice. Additionally, two of…

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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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A Historic Moment in Indian Water Rights in New Mexico: Entry of the Aamodt Final Decree

The United States District Court for the District of New Mexico entered its final decree in State of New Mexico, ex rel. State Engineer v. Aamodt, a state stream adjudication filed in 1966 (Aamodt) to determine the rights of water users in…

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Monumental Final Decree in Santa Fe County Water Rights Suit

After 51 years of litigation, a final decree in the Aamodt case, adjudicating all water rights in the Nambe-Tesuque-Pojoaque Basin north of Santa Fe, was entered by U.S….

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Executive Order on the Clean Water Rule

The Presidential Executive Order on Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the “Waters of the Unites States” (WOTUS) Rule issued on February 28, 20171 articulated the Trump administration’s policy on navigable waters, and attempted to roll back…

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