Federal - Oil & Gas

摘要

In SWEPI, LP v. Mora County, N.M., No. CIV 14-0035 JB/SCY, 2015 WL 365923 (D.N.M. Jan. 19, 2015), the U.S. District Court for the District of New Mexico struck down the Mora County Community Water Rights and Local Self-Government Ordinance, Ordinance 2013-01 (Ordinance) in a mammoth 199-page opinion. SWEPI, LP (SWEPI) owned fee and state-issued oil and gas leases within Mora County. SWEPI brought suit seeking a declaration that the Ordinance, enacted in 2013, was unconstitutional under the Supremacy Clause, denied substantive due process and equal protection, violated First Amendment freedom of speech rights, and constituted an uncon stitutional taking under the Fifth Amendment. SWEPI, 2015 WL 365923, at *10. SWEPI also alleged that state law preempted the ban on oil and gas activities and that the remaining provisions of the Ordinance were not severable.