Areas of Practice
Environmental and Water
In our water rights practice, we advise clients regarding the nature and extent of their water rights and negotiate and prepare the documentation necessary to buy and sell water rights. We prepare and file with the New Mexico State Engineer the applications necessary to transfer water rights to new owners and to change the place of use or the nature of use of water rights. Our lawyers appear at administrative hearings and application protests and have substantial experience litigating disputes regarding the rights to surface and ground water.
The Firm's environmental law practice includes the handling of environmental regulatory matters before local, state, and federal agencies, environmental litigation, and environmental matters related to commercial transactions. We have provided advice concerning compliance with environmental laws and regulations, and have handled applications for permits, negotiations with the New Mexico Environment Department, and the drafting of stipulations and settlement agreements related to alleged violations. Our lawyers' environmental litigation experience includes a broad range of representation, including pollution defense matters related to hazardous waste, asbestos, and water quality. Our lawyers also have experience with NEPA and environmental site assessments. We are also regularly called upon to handle environmental issues related to real estate and commercial transactions, including assessing environmental risks, advising lenders regarding compliance with environmental laws and regulations, and preparing and reviewing agreements, contractual clauses and indemnifications relating to prevention or mitigation of environmental hazards.
The Firm also has extensive experience in defending clients in litigation brought by governmental entities involving allegations of violations of environmental laws, administrative orders of compliance and problems relating to spills and those associated with alleged improper handling, storage and transport of hazardous materials and waste. For example, we represented a cheese plant in Lovington, New Mexico in litigation with the New Mexico Environment Department over our client's accidental discharge of waste that allegedly impacted a municipal water treatment plant. We assisted our client in negotiating an acceptable resolution. We have also represented clients in defense of and negotiations with the EPA, DOJ, and various other regulatory authorities in connection with claims brought under RCRA and related regulations. Our work has included claims and defenses under performance bonds and working out change orders and other contract modifications. We have appeared before different boards of contract appeals as well, including the DOD, branches of the military, and the Civilian Board of Contract Appeals. We have defended federal contractors in debarment proceedings and claims brought under the False Claims Act.
Related Practice Areas
Corporate and Securities
Oil, Gas and Energy
State and Local Government
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