14 Modrall Sperling attorneys ranked by Chambers in 2025, four receive national recognition
Modrall Sperling has received high honors in the Chambers USA Legal Guide 2025. The firm received top rankings in New Mexico in the following practice areas: Corporate/Commercial; Employee Benefits & Executive Compensation; Labor & Employment; Litigation: General Commercial; Native American Law; Natural…
Modrall Sperling recognized by Chambers and Partners
Modrall Sperling has again achieved national ranking for its Native American Law practice from Chambers and Partners in their 2024 USA Guide. Additionally, four of the firm’s attorneys rank individually in Nationwide Native American Law. The 2024 edition also lists 14 of…
U.S. Supreme Court Limits EPA and the Corps’ Authority to Regulate Wetlands as Waters of the United States (WOTUS)
On May 25, 2023, a majority opinion of the Supreme Court of the United States (SCOTUS) in Sackett v. EPA et al., authored by Justice Alito and joined by Justices Thomas, Roberts, Gorsuch and Barrett, held that the authority of the Environmental…
Back to the Future: What is a Water of the United States?
On December 30, 2022, the U.S. Environmental Protection Agency (“EPA”) and Department of the Army jointly announced their latest final rule (the “2022 Rule”) on the definition of “waters of the United States” (“WOTUS”) under the Clean Water Act’s authority to regulate…
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…
New Mexico’s Conditional Certification of EPA’s Proposed Reissuance of the Multi Sector General Permit for Stormwater Discharges Associated with Industrial Activity Raises Significant Concerns
Background In mid-2020, the Environmental Protection Agency (EPA) proposed to reissue the Multi Sector General Permit (MSGP) for stormwater discharges associated with industrial activity (Permit NMR050000) under the Clean Water Act (CWA) Section 402 National Pollutant Discharge Elimination System (NPDES). Section 401…
New Mexico Oil Conservation Commission Adopts Rule Changes Concerning Produced Water
On September 3, 2020, the New Mexico Oil Conservation Commission adopted rules changes concerning produced water. See OCC Order No. R-21343-A (Sept. 3, 2020). Under the Produced Water Act, signed into law in 2019, the Commission and the Oil Conservation Division of…
New Mexico Environment Department’s Surface Water Quality Bureau Begins Triennial Review Process
On November 2, 2020, the New Mexico Environment Department’s (“NMED”) Surface Water Quality Bureau (“SWQB”) issued its notice inviting public comment on NMED’s proposed amendments to the State’s standards for interstate and intrastate surface water quality, codified under 20.6.4 NMAC. NMED issued…
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…
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…