Hunton Andrews Kurth LLP (LexBlog Mexico)

In an historic development for the financial services industry, a group of employees at a Wells Fargo branch bank in Albuquerque, New Mexico voted this week to join Wells Fargo Workers United, a grassroots labor union backed by the Communications Workers of America. The successful vote marks the first time in memory that employees at a major U.S. bank have elected to unionize. Workers at Wells...

On February 22, 2023, the US Department of the Interior’s (DOI) Bureau of Energy Management (BOEM) released its first-ever proposed notice for an offshore wind lease sale in the Gulf of Mexico.

The lesser prairie-chicken (LPC) is a grouse that occupies a five-state range, including the western areas of Kansas and Oklahoma, the Texas Panhandle, eastern New Mexico, and southeastern Colorado.  As we explained in a previous article, in response to litigation and following a nearly thirty-year history of regulatory listing and delisting, the US Fish and...

We summarize recent developments for Bureau of Ocean Energy Management Lease Sale 258 (in Alaska’s Cook Inlet), Lease Sale 259 (in Gulf of Mexico), and subsequent opportunities available to upstream oil and gas companies.

The Gulf of Mexico has long been home to offshore energy development, but with President Biden’s call to advance offshore wind development, a new change is potentially coming to the horizon—wind farms. At the helm of Gulf wind development is the Department of the Interior’s Bureau of Ocean Energy Management, who has now announced the solicitation of public comments on two potential wind energy...

In an appeal to the Ninth Circuit, a private equity firm has asked the court to reverse an order finding there was no coverage for a suit alleging it concealed that a facility it sold was run by Joaquín “El Chapo” Guzmán. AKN Holdings had purchased a manufacturing facility in Reynosa, Mexico, from Thermo Fisher, unaware that the facility “was overrun” by the drug cartel of “El Chapo.” After...

On January 11, the Bureau of Ocean Energy Management (BOEM) announced the beginning of a scoping period to prepare a draft environmental assessment (Draft EA) for the Gulf of Mexico (GOM) Call Area to assess potential impacts associated with offshore wind leasing. The area includes approximately 30 million acres of federal lands on the outer...

On January 11, the Bureau of Ocean Energy Management (BOEM) announced the beginning of a scoping period to prepare a draft environmental assessment (Draft EA) for the Gulf of Mexico (GOM) Call Area to assess potential impacts associated with offshore wind leasing. The area includes approximately 30 million acres of federal lands on the outer...

A New Mexico court recently granted judgment on the pleadings against an insurer and found coverage, reminding the insurer that different words in a policy, indeed, have different meanings. In Power of Grace, LLC v. Weatherby, Power of Grace, a policyholder, sued its insurer, Hudson Insurance Companies, and its insurance agent, Weatherby-Eisenrich Inc. Power of Grace alleged that Weatherby and...

On August 25, 2021, New Mexico Attorney General Hector Balderas sued Rovio Entertainment, the developer of the popular Angry Birds mobile app games, alleging that the Company violated the federal Children’s Online Privacy Protection Act by knowingly collecting data from players under age 13 and sharing it with advertisers.

After a disappointing showing in Mexico’s recent mid-term elections, President Andrés Manuel López Obrador (AMLO) and his Morena party will face greater hurdles to unwinding Mexico's 2013 Energy Reforms adopted by the former ruling party, the Partido Revolucionario Institucional (PRI). Although retaining a majority in the Chamber of Deputies and gaining some new state governors, Morena lost its...

(AMLO) and his Morena party will face greater hurdles to unwinding Mexico's 2013 Energy Reforms adopted by the former ruling party, the Partido Revolucionario Institucional (PRI). Although retaining a majority in the Chamber of Deputies and gaining some new state governors, Morena lost its supermajority and, as a result, very likely also lost the opportunity to implement constitutional changes to

In the first four months of 2021, Virginia, New Mexico, New York and New Jersey passed laws legalizing or decriminalizing, in some form, recreational marijuana. Exactly how these laws will affect employers in these states is still an open question, but for now, employers should understand the nuances of the laws so they can prepare for the emerging reality that is legal marijuana.

The lesser prairie-chicken—a grouse whose range covers the western portions of Kansas and Oklahoma; the Texas Panhandle, including the Llano Estacado; eastern New Mexico; and southeastern Colorado—is subject to yet another proposed listing under the Endangered Species Act (“ESA”).  On June 1, 2021, the US Fish & Wildlife Service (“FWS” or the “Service”) proposed to...

In the first four months of 2021, Virginia, New Mexico, New York and New Jersey passed laws legalizing or decriminalizing, in some form, recreational marijuana. Exactly how these laws will affect employers in these states is still an open question, but for now, employers should understand the nuances of the laws so they can prepare for the emerging reality that is legal marijuana.

On November 27, 2020, New Mexico Attorney General Hector Balderas filed a notice of appeal to the U.S. Court of Appeals for the Tenth Circuit in the lawsuit it brought against Google on February 20, 2020, regarding alleged violations of the federal Children’s Online Privacy Protection Act in connection with G-Suite for Education.

On September 25, 2020, the District Court of New Mexico granted Google's motion to dismiss a suit filed by New Mexico Attorney General Hector Balderas alleging, among other claims, that the company violated the federal Children's Online Privacy Protection Act by using G Suite for Education to "spy on New Mexico students' online activities for its own commercial purposes, without notice to parents

From California to the South China Sea, uncertainties surrounding offshore oil and gas platform decommissioning regulations and financial obligations pose a significant risk to the environment and to responsible natural resource development. “Rigs to reefs” decommissioning pioneered in the US Gulf Coast provides a model promising reduced costs, a net reduction in environmental impacts and...

On January 9, 2020, WildEarth Guardians and Physicians for Social Responsibility filed suit in the DC District Court challenging the Bureau of Land Management’s (BLM) approval of over 2,000 oil and gas leases. The leases were sold through 23 different lease sales, spanning from December 8, 2016, to March 20, 2019, and they cover over...

The Railroad Commission of Texas has authority to issue permits for discharges associated with oil and gas operations in the state, but it does not yet have delegation of the NPDES permitting program. Thus, to the extent that produced water discharges are not currently barred under federal regulations, facilities seeking authorization for these discharges to waters of the US must obtain...

The costs of overly nationalistic policies likely outweigh the benefits for Mexico with respect to the international energy community. If the AMLO administration chooses to attempt nationalization of the considerable foreign investment which followed the 2013 Energy Reforms in an effort to stay true to its campaign rhetoric, it would not be surprising to witness Mexico’s rapid descent into...

The costs of overly nationalistic policies likely outweigh the benefits for Mexico with respect to the international energy community. If the AMLO administration chooses to attempt nationalization of the considerable foreign investment which followed the 2013 Energy Reforms in an effort to stay true to its campaign rhetoric, it would not be surprising to witness Mexico’s rapid descent into...

On September 30, 2018, the U.S., Mexico and Canada announced a new trade agreement aimed at replacing the North American Free Trade Agreement. Notably, the USMCA’s chapter on digital trade recognizes “the economic and social benefits of protecting the personal information of users of digital trade” and will require the U.S., Canada and Mexico to each “adopt or maintain a legal framework that...

On April 16, 2018, the U.S. Fish and Wildlife Service published a final rule removing the black-capped vireo (BCV) from the Federal List of Endangered and Threatened Wildlife. 83 Fed. Reg. 16,228. The BCV is a migratory songbird that breeds and nests in Texas, Oklahoma, and northern Mexico, and winters along Mexico’s Pacific coast. Its...

Obscured by the recent hurricanes ravaging the Caribbean, Florida and Texas, Mexico suffered its own natural disaster earlier this week with a 7.1 magnitude earthquake.  Our hearts and prayers go out to those affected by the quake. Although most US-based businesses, save those with offices in the quake zone, were physically unaffected by the events...

On April 6, 2017, New Mexico became the 48th state to enact a data breach notification law, leaving Alabama and South Dakota as the two remaining states without such requirements. The Data Breach Notification Act (H.B. 15) goes into effect on July 1, 2017.

PHMSA has re-issued an Advisory, reminding gas and hazardous liquid pipeline operators of the potential for damage to their pipeline facilities caused by the passage of hurricanes.

As reported on the Privacy & Information Security Law blog, the Federal Communications Commission announced a $25 million settlement with AT&T Services, Inc. (“AT&T”) stemming from allegations that AT&T failed to protect the confidentiality of consumers’ personal information, resulting in data breaches at AT&T call centers in Mexico, Colombia and the Philippines. The breaches, which...

On April 8, 2015, the Federal Communications Commission announced a $25 million settlement with AT&T Services, Inc. stemming from allegations that AT&T failed to protect the confidentiality of consumers’ personal information.

If a Federal Judge for the U.S. District Court for the Northern District of California approves a Settlement Agreement, Utility Corridors designated as a result of Section 368 of the Energy Policy Act (EPAct) may be rerouted over federal lands in the 11 contiguous western states of California, Oregon, Washington, Idaho, Utah, Nevada, Arizona, New...