Tag Archives: Administrative Law

10th Circuit: BLM not entitled to key to inspect well sites on private land

by Emil J. Kiehne Posted on January 22, 2019

In Maralex Resources, Inc. v. Barnhardt, the Tenth Circuit reversed a district court’s order that had granted the Bureau of Land Management (BLM) authority to require a private landowner to provide it with a key to access and inspect oil and gas wells. Although … Continue reading →

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Tenth Circuit upholds New Mexico’s challenge to DOI Indian gaming regulations

by Emil J. Kiehne Posted on April 25, 2017

The Indian Gaming Regulatory Act requires states to negotiate in good faith with Indian tribes who seek to establish a gaming compact with the state, and sets forth procedures for the negotiation process, including mediation. Ultimately, if the parties are … Continue reading →

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Agency’s failure to review record was abuse of discretion, says NM Court of Appeals

by Emil J. Kiehne Posted on May 15, 2015

Patricia Vigil, a state government employee, claimed she was disabled as a result of her work. A hearing officer of the Public Employees Retirement Board conducted a hearing, concluded she was disabled, and found that no pre-existing condition had significantly … Continue reading →

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Copper Rule affirmed by New Mexico Court of Appeals

by Emil J. Kiehne Posted on April 9, 2015

Yesterday, in an opinion by Judge Jonathan Sutin, the New Mexico Court of Appeals affirmed the Water Quality Control Commission’s adoption of regulations governing the protection of groundwater at copper mines. See Gila Resources Information Project v. N.M. Water Quality Control Commission. … Continue reading →

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Public trust doctrine does not allow courts to second-guess greenhouse gas regulations

by Emil J. Kiehne Posted on March 18, 2015

The New Mexico Court of Appeals has rejected a claim that the common-law “public trust doctrine” allows courts to second-guess decisions by the Legislature or administrative agencies about whether, and how, to regulate greenhouse gases. The Court’s opinion in Sanders-Reed … Continue reading →

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NM Court of Appeals to decide whether “public trust” doctrine requires state to regulate greenhouse emissions

by Emil J. Kiehne Posted on January 28, 2015

According to this report by Staci Matlock in the Santa Fe New Mexican, the Court of Appeals heard oral argument in a case brought by a teenager, Akilah Sanders-Reed, asking the Court to hold that the “public trust” doctrine requires … Continue reading →

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Temporary total disability benefits available “for life,” says NM Supreme Court

by Emil J. Kiehne Posted on June 13, 2014

The New Mexico Supreme Court, in Fowler v. Vista Care (June 5, 2014, by Justice Daniels) has held that temporary total disability (TTD) benefits are not subject to any time limits, but are available during a worker’s entire life, as long … Continue reading →

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New Mexico Supreme Court issues four published decisions in February 2014

by Emil J. Kiehne Posted on March 3, 2014

Below is my summary of the four published decisions the New Mexico Supreme Court issued in February 2014: 1.   Rayellen Resources, Inc. v. New Mexico Cultural Properties Review Committee (Feb. 6, 2014). The Court affirmed the decision of the New … Continue reading →

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New Mexico gun dealers can be made to report multiple rifle sales to ATF

by Emil J. Kiehne Posted on June 3, 2013

According to this report in the Washington Post, the U.S. Court of Appeals for the D.C. Circuit has upheld the Bureau of Alcohol, Tobacco, Firearms and Explosive’s (ATF) authority to demand that gun dealers in New Mexico, and the three other … Continue reading →

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NM Court of Appeals reinstates “green” building codes

by Emil J. Kiehne Posted on April 12, 2013

Several news reports, including this one from KRQE, state that the New Mexico Court of Appeals has reinstated the “green” building code regulations enacted during the last days of Governor Bill Richardson’s administration. The regulations were revoked in 2011 after … Continue reading →

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