Jeffrey J. Wechsler

Experience: Representative Matters: Representative Water Matters::Represented the State of Montana in Montana v. Wyoming, No. 137 Original, a lawsuit in the United States Supreme Court over the Tongue River. Following 50-day trial, obtained judgment in Montana's favor.; Represented the State of Kansas in Kansas v. Nebraska, No. 126 Original, lawsuit in the United States Supreme Court over the Republican River. Resulted in judgment in Kansas' favor ordering Nebraska to disgorge $1.8 million to Kansas.; Represented the State of Kansas in Kansas v. Colorado, No. 105 Original, a lawsuit in the United States Supreme Court over the Arkansas River. Resulted in judgment in Kansas' favor which included the adoption of a groundwater model and damages for over $30 million.; Represented clients in 7 stream adjudications in two states, including representation of the State of New Mexico and Office of the State Engineer in the Lower Rio Grande Adjudication on stream system issues relating to farm irrigation requirements.; Continuing representation of major pipeline projects in applications to State Engineer for large scale interbasin transfers.; Represented group of ranchers in Klamath River adjudication on reservoir and tribal water rights issues.; Litigated return flow issues on behalf of large water utility.; Ongoing representation of oil and gas, municipal, utility, mining, farming, and ranching clients in numerous applications and protests before the Office of the State Engineer relating to the acquisition, validity, transfer, leasing, permitting, and protection of surface water and groundwater rights throughout the State of New Mexico. Lead counsel on over 25 water rights administrative proceedings before the State Engineer.; Continuing representation of New Mexico's largest investor-owned water utility in all water and regulatory matters.; Currently advise the New Mexico Office of the State Engineer on litigation issues in Texas v. New Mexico, No. 141 Original, a lawsuit in the United States Supreme Court over the Rio Grande River.; Currently represent the State of New Mexico in Texas v. New Mexico, No. 65 Original, a dispute in the United States Supreme Court over a reservoir on the Pecos River.; Submitted over 25 merits briefs to the Justices of the Supreme Court and over 100 briefs to Supreme Court Special Masters on water issues.; Representative Environmental Matters::Currently representing EPA contractor in federal Gold King Mine litigation involving CERCLA, Clean Water Act, RCRA, and toxic tort claims.; Represented oil and gas trade association in 3-year litigation and rule-making over greenhouse gas regulations. Resulted in repeal of rules.; Successfully represented large water project in NEPA litigation in federal court.; Defended energy, utility, and other industry against numerous enforcement actions brought by the New Mexico Environment Department under the Air Quality Control Act.; Obtained injunctive relief in state court against the New Mexico Environment Department preventing enforcement of improper permit condition.; Ongoing representation of national laboratory in administrative hearings and litigation under the Hazardous Waste Act and RCRA since 2005.; Assisted various facilities in obtaining groundwater discharge permits.; Represented large energy companies in toxic tort litigation claiming groundwater and soil contamination.; Represented large New Mexico municipality on ESA challenge.; Represented oil and gas companies on royalty disputes.; Developed and executed plan to negotiate and settle multiple groundwater contamination claims on behalf of large mining client.; Representative Utility Matters::Regulatory counsel to water, wastewater, and electric utilities, including the largest investor-owned water utility in New Mexico.; Represented water, wastewater, and electric utilities in numerous general rate cases before the Public Regulation Commission.; Certificate proceedings for new carriers and facilities.; Counsel to both sellers and purchasers in sales of utility systems, including purchase of largest regulated public water utility in New Mexico.; Represented renewable energy and transmission developers on state regulatory issues, including renewable energy portfolio standards.; Territorial disputes between public utilities.; Served as expert witness on issues related to regulation of public utilities.; Representative Indian Law Matters::Represented electric cooperative in negotiations over right-of-way across lands of eight different tribes.; Represented clients on tribal water rights claims and issues in multiple stream adjudications.; Advised business clients on miscellaneous Indian Law issues throughout New Mexico.; Representative Land Use Matters::Defended large water project in two state court cases alleging violations of zoning regulations and covenants.; Represented clients in disputes over easements and zoning.; Representative Complex Litigation Matters::Over 125 days in trial in state and federal courts, including original jurisdiction trials, multi-district litigation, jury trials, and class actions.; Led team of 10 lawyers and two law firms that represented the State in 35-day trial of consolidated cases over New Mexico public school finances and the state equalization grant.; Represented large public utility in condemnation proceedings which resulted in $65 million settlement.; Ongoing representation of New Mexico Public Education Department in litigation in state and federal court on issues related to special education, wrongful death, and regulatory authority.; Represented land development company in copyright litigation in federal court.; Argued cases before the United States Court of Appeals for the Tenth Circuit, the New Mexico Supreme Court, and the New Mexico Court of Appeals.; Served as hearing officer, arbitrator, and mediator.; Representative Cases/Transactions:Kansas v. Nebraska, 135 S.Ct. 1042 (2015) (obtained judgment ordering Nebraska to disgorge $1.8 million to Kansas); Montana v. Wyoming, 128 S. Ct. 1332 (2008) (persuaded the United States Supreme Court to accept a Bill of Complaint over a dispute on the Yellowstone River); 536 U.S. 368 (2011) (dismissing one of four claims, which was based on conversion from flood to sprinkler irrigation); Village of Logan v. U.S. Department of Interior, 577 Fed.Appx. 760 (10th 2014) (upholding denial of preliminary injunction on NEPA claims); Chavez v. New Mexico Public Education Department, 621 F.3d 1275 (10th Cir. 2010) (overturning district court ruling that the NMPED violated the Individuals with Disabilities in Education Act); New Energy Economy, Inc. v. Shoobridge, 243 P.3d 746 (N.M. 2010) (argued on behalf of oil and gas industry to uphold district court's grant of preliminary injunction under the Air Quality Control Act); Citizen Action New Mexico v. New Mexico Environment Department, 350 P.3d 1178 (N.M. Ct. App. 2015) (helped Sandia National Laboratory defeat challenge to hazardous waste permit); Village of Logan v. Eastern New Mexico Water Utility Authority, 357 P.3d 433 (N.M. Ct. App. 2015) (successfully defeated zoning challenge to major water project); State ex rel. Stapleton v. Skandera, 346 P.3d 1191 (N.M. Ct. App. 2015) (court rejected challenge to regulations governing teacher evaluations); Citizen Action v. Sandia Corp., 179 P.3d 1228 (N.M. Ct. App. 2008) (obtained RCRA permit for mixed waste landfill); In re Louisiana Energy Services, L.P., N.M. Court of Appeals No. 28,663, 2010 WL 3969642 (2010) (obtained water quality permit for nuclear enrichment facility); Representative Clients:State of Montana; State of Kansas; State of New Mexico; El Paso Electric Company; EPCOR Water New Mexico; Sandia National Laboratory; Los Alamos National Laboratory; New Mexico Office of the State Engineer; New Mexico Interstate Stream Commission; Eastern New Mexico Water Utility Authority; New Mexico Oil & Gas Association