In a remarkable decision, the Supreme Court of the United States (“SCOTUS”) rejected a settlement agreement between New Mexico, Colorado, and Texas regarding a long-standing legal battle over use of waters from the Rio Grande. In Texas v. New Mexico and Colorado,[1]...
The First Judicial District New Mexico Court for Santa Fe County’s (“New Mexico District Court”) recent decision denying the State’s motion to dismiss in Atencio, et al. v. State of New Mexico provides little to no insight into the viability of the claims in this...
Actions That Led to the Complaint To date, the U.S. Supreme Court has largely declined to address climate change liability cases, and federal judges have consistently remanded these cases to State court. This trend could potentially shift in the coming months. A...
The EPA is reportedly taking another look at redesignating the Permian Basin in both Texas and New Mexico as an ozone nonattainment area. The first impact of an ozone redesignation would be to restrict air permits for constructing or modifying stationary sources of...
A Washington D.C. federal judge upheld the Bureau of Land Management’s greenhouse gas and climate impact analysis, conducted in connection with six 2022 federal onshore oil and gas lease sales. A coalition of environmental plaintiff organizations sued to challenge...
If you haven’t been paying attention to Regional Haze, it’s time to start. While the focus has been on the many new federal rules coming out, the Regional Haze Rule is already in place and set to make a big impact on the fossil fuel industry as EPA starts reviewing...
In the oil and gas regulatory environment, operators are familiar with the following increasingly common pattern. As part of the process of pooling the working interests in a drilling and spacing unit (“DSU”), an operator sends AFEs and election letters to working...
EPA’s New Climate Enforcement Policy and Third-Party Monitoring Program Is EPA’s new third-party methane super-emitter monitoring and reporting program the camel’s nose under the tent? In the classic fable, on a cold night, a camel asks his owner if he could put his...
As all serious skiers know, consistent year-round quad, leg, and core workouts are critical to maximizing a fun, rewarding, and safe ski season. For the oil and gas industry, there is a new quad workout that demands even more attention and dedicated work to ensure...
Federal leaseholders should expect to see a series of final rules issued by the Bureau of Land Management (BLM) in 2024, aimed at updating BLM’s land management and environmental regulations. While many of the underlying proposed rules were labeled as “updates” to...
