Modrall Sperling Law Firm

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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Legislative Update: Water Law Developments in New Mexico

Shareholder Susan Miller Bisong will provide details on “Legislative Update: Water Law Developments in New Mexico” as part of CLE International’s Law of the Rio Grande, at La Fonda in Santa Fe, New Mexico.

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Update on Challenge to U.S. EPA’s Waters of the United States Rule

As we previously reported in our Fall 2015 ERN,[1. See Joan Drake and Deana Bennett, The Clean Water Rule: Troubled Waters Ahead for the EPA and Corps, Energy Resources Notes, Fall 2015, at 2-6.] several industry and environmental groups have challenged the Environmental Protection Agency’s Final…

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The U.S. Supreme Court Confirms You Can Challenge the Corps’ Clean Water Act Jurisdictional Determination Without First Going Through a Permit or Enforcement Process

The U.S. Supreme Court has unanimously held that a U.S. Army Corps of Engineers’ (“Corps”) “approved jurisdictional determination” (“approved JD”) under Section 404 of the Clean Water Act (“CWA”) is a final agency action judicially reviewable under the Administrative Procedure Act[1. 5…

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