On March 31, the US Supreme Court granted the federal government’s petition to intervene in a dispute between Texas and New Mexico over certain terms of the 1938 Rio Grande Compact (State of Texas v. State of New Mexico et al., Case number 22O141 ORG). As we reported here and here, Texas believes the Compact … Continue Reading
Search Results for: texas new mexico
Despite New Administration, Environmental Groups May Influence Changes to US Industrial Stormwater Discharge Permits
Although the focus and priorities of a new US EPA administration under President-elect Trump remain unclear, regulatory changes may be in the works that could require certain industrial entities to either change how they handle stormwater discharges or face lawsuits brought by environmental groups. As described more fully below, US EPA entered into a settlement … Continue Reading
US Supreme Court Permits Texas to File Suit For Enforcement of the Rio Grande Compact
On January 27, the US Supreme Court agreed to allow Texas to file suit against New Mexico and Colorado seeking apportionment of the waters of the Rio Grande River. The Texas suit now marks the 100th exercise of the Supreme Court’s Article III, Section 2 original jurisdiction over “controversies between two or more states.” It is the fifth dispute … Continue Reading
US Lawmakers Target the Endangered Species Act While Advocates Continue to Sue to Shape the Act’s Implementation
Since President Nixon signed into law the Endangered Species Act (ESA) in 1973, the ESA has directed the identification and protection of endangered and threatened species in the United States. While President Obama remarked that his Administration had “seen more victories under the Endangered Species Act than any previous administration,” the Obama Administration generally applied the ESA … Continue Reading
A Short History of Clean Power Plan Litigation as of March 2016
The Clean Power Plan and its surrounding litigation has quickly become one of the hottest topics both inside and outside the legal world. News that the U.S. Supreme Court had granted a stay of the Clean Power Plan on February 9, 2016 spread like wildfire, but many recent followers are unaware of just how long and polemic … Continue Reading
No Gambling in Las Vegas – At Least When it Comes to the Future of Colorado River Water Rights
Every December, the members of the Colorado River Water Users Association – including water users, federal, tribal, state and local regulators, irrigation districts, engineers, conservationists, and others from all over the southwestern United States — gather at Caesar’s Palace in Las Vegas, Nevada to get wild and talk about Colorado River water policy for a … Continue Reading
US Supreme Court Appoints Special Master in Interstate Water Dispute
A. Gregory Grimsal has been appointed by the US Supreme Court as the Special Master in State of Texas v. State of New Mexico et al., Case No. 220141 ORG. Special Master Grimsal, a commercial litigation attorney from New Orleans, Louisiana, will now manage the proceedings in the case going forward and eventually recommend a decision to the Court. … Continue Reading
US Supreme Court Advised by Solicitor General to Hear Rio Grande Compact Lawsuit
In the last month of 2013, the US Solicitor General filed a strongly worded brief as amicus curiae expressing the US Government’s view that the Supreme Court should grant the State of Texas’s motion for leave of the Court to file a complaint against the States of New Mexico and Colorado for alleged violations of … Continue Reading
