Modrall Sperling Law Firm

Our attorneys have experience and perspective that extend back to the early days of environmental law and regulation. We have handled significant litigation, permitting, strategic risk management, and compliance issues under federal and New Mexico environmental laws, as well as environmental regulations and ordinances of local and Indian origins. Having decades of experience in this area has given us the perspective that fostering positive relations with client personnel, environmental regulators, governmental attorneys, technical consultants, non-governmental entities and the broader community is paramount, whether the regulated economic activity is confined to New Mexico, is regional or is national in scope or setting.

We assist clients with National Environmental Policy Act (NEPA) processes such as “major federal action” and “federal handles” determinations, identification of and coordination with third-party consultants, preparation of scope of work and related documents, evaluation of applicability of categorical exclusions, environmental assessment versus environmental impact statement reviews, consideration of cumulative impacts, and fulfillment of public participation requirements.

Much of our environmental practice has been an outgrowth of our representation of natural resources companies, including those in oil and gas, mining, ranching and agriculture. We have had lead responsibility in numerous matters concerning environmental regulation of natural resources development, both before agencies and in court. Our attorneys also have managed complex litigation or handled matters involving a broad range of other economic activity that includes manufacturing, railroads, and many other enterprises.

Another component of our practice involves the representation of banks, lenders, and developers in evaluating and contractually protecting against risks of environmental liabilities arising from commercial and private real estate transactions. One aspect of this representation involves coordinating with environmental consultants on Phase I, II and III environmental evaluations and Transaction Screens, as may be prudent or required. Another involves advising clients about opportunities to take advantage of the Brownfields and Voluntary Remediation programs at the federal and state levels, respectively, as well as assisting with the negotiation and drafting of covenants not to sue and other preventative measures. A further aspect involves drafting broad indemnification provisions and other similar risk allocation devices, as well as handling insurance coverage issues.

Articles

Executive Order Expediting Environmental Reviews and Approvals for High Priority Infrastructure Projects

May 12, 2017
By Joan E. Drake

Wind River Reservation Held Diminished: EPA’s Contrary Determination Set Aside Despite EPA Reliance on Solicitor Opinion

April 26, 2017
By Deana M. Bennett

EPA Publishes Final Resource Conservation and Recovery Act Hazardous Waste Generator Improvements Rule

January 25, 2017
By Christina C. Sheehan

BLM’s Venting and Flaring Proposal

August 9, 2016
By Jennifer L. Bradfute

New Rules and Draft Policy on Critical Habitat Designations

August 2, 2016
By Zoë E. Lees

New Mexico Mining Commission Narrowly Expands Minimal Impact Permitting Opportunities for Certain Mining Operations

June 21, 2016
By Stuart R. Butzier and Christina C. Sheehan

CERCLA Claims against United States and Laguna Pueblo Entities Dismissed

June 16, 2016
By Stuart R. Butzier

Deal or no Deal? – Partial Dismissal of CERCLA Claims Against United States and Tribal Entities

May 19, 2016
By

The FAST Act Seeks to Expedite Multi-Agency NEPA Compliance for Large Infrastructure Projects

May 11, 2016
By Joan E. Drake

Scientific Opinions: Differences Between Federal and New Mexico Law

April 13, 2016
By Tomas J. Garcia

Federal District Court Sets Aside Fish and Wildlife Service’s 30-Year Take Permit Rule Under Bald and Golden Eagle Act

January 28, 2016
By Deana M. Bennett

EPA Assesses Potential for Hydraulic Fracturing to Impact Drinking Water Sources

December 4, 2015
By Stuart R. Butzier and Robin E. James

Federal District Court Upholds Uranium Mining Within a Traditional Cultural Property Without Further NEPA Review and With Abbreviated NHPA Consultation

June 4, 2015
By Joan E. Drake

Revised Draft Guidance Regarding Greenhouse Gas Emissions and Climate Change in NEPA Reviews

May 7, 2015
By Deana M. Bennett

No Mora Moratorium on Drilling

April 16, 2015
By Earl E. DeBrine, Jr.

Turning Guano into Gold

July 7, 2014
By

Colorado District Court Requires Coal Mine EIS to Estimate the “Social Cost of Carbon”

July 3, 2014
By Deana M. Bennett, Joan E. Drake and Walter E. Stern

Bad News in the Latest UN Report on Climate Change

October 16, 2013
By

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