Jeffrey J. Wechsler

Related Experience Currently serves as lead counsel and Counsel of Record for the State of New Mexico in a lawsuit in the U. S. Supreme Court over the Rio Grande River. Texas v. New Mexico Represented the State of Montana in a lawsuit in the U. S. Supreme Court over the Tongue River. Following 50-day trial, obtained judgment in Montanas favor. Montana v. Wyoming Represented the State of Kansas in a lawsuit at the U. S. Supreme Court over the Republican River. Resulted in judgment in Kansas favor ordering Nebraska to disgorge $1.8 million to Kansas. Kansas v. Nebraska Represented the State of New Mexico in a dispute in the U. S. Supreme Court over compact accounting for evaporation from a reservoir on the Pecos River. Resulted in decision in New Mexicos favor. Texas v. New Mexico Represented the State of Kansas in a lawsuit at the U. S. 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 seven 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. Represented major pipeline projects in applications to the State Engineer for large scale inter-basin transfers. Represented a group of ranchers in Klamath River adjudication on reservoir and tribal water rights issues. Litigated return flow issues on behalf of large water utility. Represents 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 New Mexico. Served as lead counsel on over 35 water rights administrative proceedings before the State Engineer. Continuing representation of New Mexicos largest investor-owned water utility in all water and regulatory matters. Successfully overturned district court order on water speculation. Augustin Plains Ranch, LLC v. DAntonio Submitted over 25 merits briefs to the Justices of the U. S. Supreme Court and over 100 briefs to Supreme Court Special Masters on water issues. Represented an EPA contractor in federal Gold King Mine MDL litigation involving CERCLA, Clean Water Act, RCRA, and toxic tort claims. Following the dismissal of numerous claims and plaintiffs, case settled on favorable terms. Represented oil and gas trade association in three-year litigation and rulemaking over greenhouse gas regulations, resulting in a repeal of rules. Successfully represented large water project in NEPA litigation in federal court. Defended energy, utility, and other industry clients 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 laboratories in administrative hearings and litigation under the Hazardous Waste Act, RCRA, CWA, and Water Quality Act since 2005. Assisted various facilities in obtaining groundwater discharge permits. Represented large energy companies in toxic tort litigation claiming groundwater and soil contamination. Represented a large New Mexico municipality on an ESA challenge. Represented oil and gas companies on royalty disputes. Developed and executed a plan to negotiate and settle multiple groundwater contamination claims on behalf of large mining client. Defeated claim for preliminary injunction on NEPA claims. Village of Logan v. U. S. Department of Interior Helped Sandia National Laboratory defeat a challenge to hazardous waste permit. Citizen Action New Mexico v. New Mexico Environment Department Obtained a RCRA permit for mixed waste landfill. Citizen Action v. Sandia Corp. Obtained a water quality permit for nuclear enrichment facility. In re Louisiana Energy Services, L. P. Argued in favor of a preliminary injunction based on the Air Quality Control Act. New Energy Economy, Inc. v. Shoobridge Served as regulatory counsel to water, wastewater, and electric utilities, including the largest investor-owned water utility in New Mexico. Represented electric, water, and wastewater utilities in numerous general rate cases before the Public Regulation Commission. Served as counsel to both sellers and purchasers in sales of utility systems. Represented renewable energy and transmission developers on state regulatory issues, including renewable energy portfolio standards. Litigated territorial disputes between public utilities. Identified as expert witness on issues related to regulation of public utilities. Represented an 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. Litigated issue of aboriginal title of hard rock mine on behalf of mining company. Spent over 125 days in trial in state and federal courts, including original jurisdiction trials, multi-district litigation, jury trials, and class actions. Led a 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. Defended a large water project in two state court cases alleging violations of zoning regulations and covenants. Represented a large public utility in condemnation proceedings which resulted in $65 million settlement. Represented the New Mexico Public Education Department in litigation in state and federal court on issues related to special education, wrongful death, and regulatory authority. Represented a land development company in copyright litigation in federal court. Argued cases before the U. S. Supreme Court, U. S. Court of Appeals for the Tenth Circuit, the New Mexico Supreme Court, and the New Mexico Court of Appeals. Clerk Experience Law Clerk to the Honorable Bruce D. Black, United States District Judge for the District of New Mexico Community Involvement U. S. Peace Corps, Volunteer, Philippines, 1996-1998 Commissioner on the New Mexico Commission on Access to Justice High School Mock Trial Team, Coach Distinctions Chambers USA Best Lawyers in America Administrative / Regulatory Law Environmental Law Natural Resources Law Water Law Southwest Super Lawyers, Energy; Natural Resources State Bar of New Mexico, Natural Resources, Energy, and Environmental Law Section, New Mexico Lawyer of the Year, 2020 Martindale-Hubbell, AV Preeminent Peer Review Rating Memberships New Mexico Water Law Conference, Conference Chair, 2022-present New Mexico Advisory Committee to the U. S. Commission on Civil Rights, Panel Member, 2022 American Bar Association, Natural Resources Energy and Environmental Law Section New Mexico Bar Association, Natural Resources and Environmental Law Section Foundation for Natural Resources and Environmental Law Environmental Law Institute Oliver Seth American Inn of Court - Master of the Bench American Bar Foundation Fellow Presentations and Publications Welcome Remarks, 32nd Annual New Mexico Water Law Conference, September 2025 Water Rights Issues in New Mexico, Association of Defense Trial Attorneys, 2024 New Mexico Groundwater Exportation Conflicts, 2024 Rio Grande Issues, National Water Law Forum, Moderator, 2024 Communicating Highly Technical Concepts, New Mexico Public Regulation Commission, 2023 New Water for New Mexico, Desalination Association, 2023 Impairment in New Mexico, 2023 Multi-State Consent Decree, 2023 Interstate Litigation, Conference of Western Attorneys General, 2023 Not Exactly Chump Change: Gambling on Litigation, Conference of Western Attorneys General Annual Conference, 2021 Texas v. New Mexico - the Parties Perspectives, 2021 The Gold King Mine Litigation, Environmental Law Network, 2020 Interstate Litigation Update, 2020 Water Transmission Projects, 2019 The New Mexico Energy Transition Act and Amendments to the Renewable Energy Act, BAML, 2019 Litigation for Water Justice and Environmental Issues, Rice University, 2019 Strategies for Addressing or Remedying Impairment, Law Seminars International, 2019 Supreme Court Water Disputes, Environmental Law Network, 2019 New Mexicos Education Funding Case, Albuquerque Inn of Court, 2019 Latest and Greatest Developments in New Mexico Water, 2018 The Anti-Speculation Doctrine, Law Seminars International, 2018 Special Boundary Considerations & Conservation Easements, National Business Institute, 2018 Interstate Stream Litigation Issues: Management Authority Over Groundwater Withdrawals, American Groundwater Trust, 2018 Interstate Water Litigation, National Water Forum, 2017 San Augustin Application for Interbasin Transfer, 2017 The Evolving Role of the Supreme Court in Interstate Water Disputes, American Bar Association, Natural Resources & Environment, Volume 31, Number 2, Fall 2016 Municipal Water Supply: Redundancy vs. New Mexicos Forty Year Statute, The Water Report, November 15, 2016 Rights of Way on Tribal Lands, Tribal Water Rights Issues, and Environmental Regulation in Indian Country, Best Practices for Protecting Natural Resources on Tribal Lands, Leading Lawyers Provide Background and Legal Framework for Protecting Rights Over Tribal Natural Resources, 2016 Interstate Water Disputes, Environmental Law Network, 2016 Municipal Water Supply and the Forty Year Planning Horizon, 2016 Where Does All the Water Go in New Mexico? Water Resources Research Institute, 2016 Rio Grande Compact Litigation, 2016 Conjunctive Management and the Permit Process - Maintain the Status Quo? American Groundwater Trust, 2016 Water Supply Challenges for New Mexico, National Business Institute, 2016 Jurisdictional Authority Over Development and Operation of Brackish Groundwater Desalination, American Groundwater Trust, 2015 New Mexico Water Legislative and Litigation Update, 2015 Declaratory Judgment Actions, New Mexico Bar Association, 2015 Current Issues, Legal Challenges, and Recent Trends in Water Law, National Business Institute, 2014 Understanding New Mexicos Copper Rules, Vista-Natural Resources, Energy and Environmental Laws Section 7, Summer 2013 Yellowstone River Compact Litigation, 2013 Importing Water to the Middle Rio Grande, 2012 Gunboats on the Colorado: Interstate Water Controversies, Past and Present, 55 Rocky Mt. Min. L. Inst. 18-1, 2009 This Land is our Land: Ranchers Seek Private Rights in the Public Rangelands, 21 J. Land Resources & Envtl. L. 461, 2001