Modrall Sperling Law Firm

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…

POSTED IN: Articles

Water Rights as Collateral – Challenges and Considerations in Protecting and Assigning Value

In New Mexico, agricultural land is often used as collateral for financing.  Due to water scarcity, growing populations and competing needs for water, the value of water rights independent of the land itself is increasing and very likely will continue to increase,…

POSTED IN: Articles

Can You Challenge the Corps’ Clean Water Act Jurisdictional Determinations Without First Going Through the Permit Process?

The United States Supreme Court has agreed to review an appeal from a decision by the Eighth Circuit Court of Appeals that found that the Corps of Engineers’ Approved Jurisdictional Determinations (“JD”) are final agency actions and are immediately appealable under the…

POSTED IN: Articles

The Clean Water Rule: Troubled Waters Ahead for the EPA and Corps

Two federal courts have preliminarily halted the enforceability of the “Clean Water Rule”[1. 80 Fed. Reg. 37,054 (June 29, 2015), available here.]  promulgated jointly by the U.S. Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“Corps”) to define anew “waters…

POSTED IN: Articles

Don’t Let the Well Run Dry: Management and Use of Groundwater in Times of Scarcity

POSTED IN: Articles

Ten Selected 2016 Lawyer of Year by Best Lawyers®

Modrall Sperling is pleased to announce that 10 of the firm’s attorneys were recently selected by their peers for expertise in their practice areas and named 2016 “Lawyers…

POSTED IN: Recognition

Indian Reserved Water Rights: Groundwater Included

Most Native American tribes have at least some land that was reserved by the federal government for the purpose of creating a homeland for the Tribe. Under the Winters doctrine, established by the United States Supreme Court in 1908,[1. Winters v. United States, 207…

POSTED IN: Articles

New Mexico Oil Conservation Commission Adopts New Produced Water Regulations

On March 12, 2015, the New Mexico Oil Conservation Commission formally approved a revision to the Commission’s produced water regulations.  The revised Rule repeals and replaces existing Rule 34, which regulates the disposition of produced water, and enacts a new rule regulating…

POSTED IN: Articles

Handling the Application, Lease, Transfer, and Sale of Water Rights

Applying for Water Rights – from Basic to Complex In order to obtain a water right one must apply for a water permit from the New Mexico Office of the State Engineer. A water permit is an inchoate right and is the…

POSTED IN: Articles

Affirming A State’s Sovereignty Over Its Allocated Water, Supreme Court Upholds Red River Compact

On Thursday, June 13, 2013, the Supreme Court issued a unanimous opinion, authored by Justice Sotomayor, in Tarrant Regional Water District v. Hermann, ruling that the Red River Compact did not permit a Texas water district to acquire water from within Oklahoma’s sovereign…