Jeffrey J. Wechsler

Jeff Wechsler concentrates his practice in the areas of water, environmental, natural resources, public utility regulation, and complex litigation.

In the area of water law, Mr. Wechsler has litigated cases, worked on projects, and negotiated agreements involving surface and groundwater throughout the West. He regularly represents private and public clients in litigation before state and federal courts, in stream adjudication suits, and in hearings before the New Mexico State Engineer. Mr. Wechsler has continuously represented states before the United States Supreme Court in interstate water litigation since 2002.

He has argued before the United States Supreme Court on water issues and successfully represented the State of Montana in Montana v. Wyoming, No. 137 Original, the State of New Mexico in Texas v. New Mexico, No. 65 Original, and the State of Kansas in Kansas v. Nebraska, No. 126 Original and Kansas v. Colorado, No. 105 Original. He currently serves as lead counsel for the State of New Mexico in Texas v. New Mexico, No. 141 Original. Mr. Wechsler has worked extensively with experts in the areas of groundwater and surface water hydrology, and regularly advises clients on the sale, lease, transfer, litigation, and permitting of water rights. Representative water clients include states, municipalities, ranchers, energy companies, developers, utilities, private industry, and farmers.

In the area of environmental law, Mr. Wechsler litigates complex environmental issues and assists clients with permit applications, enforcement actions, agency negotiations, and understanding the impact of applicable laws. Mr. Wechsler has represented clients in the litigation and resolution of environmental matters in the areas of water quality, air quality, solid waste, hazardous waste, toxic torts, NEPA, the Endangered Species Act (ESA), CERCLA, and the defense of environmental contamination claims. He has represented clients before state and federal courts, the New Mexico Environment Department, the Environmental Improvement Board, and the Water Quality Control Commission. He has also represented clients in matters involving federal agencies, including the Environmental Protection Agency, the United States Bureau of Land Management, the United States Bureau of Reclamation, the United States Corps of Engineers, the United States Fish and Wildlife Service, and the United States Forest Service. Representative environmental clients include Fortune 500 companies, national laboratories, leading energy companies, water and electric utilities, state agencies, and municipalities.

In the area of public utility regulation, Mr. Wechsler represents public utilities before the Public Regulation Commission. He has experience in all aspects of utility regulation including general rate cases, certificate proceedings for new carriers and facilities, and disputes between neighboring utilities.

Mr. Wechsler has significant experience in complex civil litigation. He has served as lead counsel on a wide spectrum of trial court and appellate matters, including high-stakes lawsuits involving water rights, toxic torts, groundwater and contaminated sites, the Clean Water Act, the Air Quality Control Act, CERCLA, RCRA, oil and gas royalties, class actions, multi-district litigation, natural resources, eminent domain, land use, education, and civil rights. Mr. Wechsler works closely with clients to produce the best results in a cost-effective manner.

Judicial Clerkship

Law Clerk to the Honorable Bruce D. Black, United States District Judge for the District of New Mexico

Public Service

United States Peace Corps Volunteer, Philippines (1996-1998)

Recent PresentationsLatest and Greatest Developments in New Mexico Water (CLE, 2018)

•The Anti-Speculation Doctrine (LSI, 2018)
•Special Boundary Considerations & Conservation Easements (NBI, 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 (CLE, 2017)
•Interstate Water Disputes (Environmental Law Network, 2016)
•Municipal Water Supply and the Forty Year Planning Horizon (CLE, 2016)
•Where Does All the Water Go in New Mexico? (Water Resources Research Institute, 2016)
•Rio Grande Compact Litigation (CLE, 2016)
•Conjunctive Management and the Permit Process - Maintain the Status Quo? (American Groundwater Trust, 2016)
•Water Supply Challenges for New Mexico (NBI, 2016)
•Jurisdictional Authority Over Development and Operation of Brackish Groundwater Desalination (American Groundwater Trust, 2015)
•New Mexico Legislative and Litigation Update (CLE, 2015)
•Declaratory Judgment Actions (NM Bar Association, 2015)
•Current Issues, Legal Challenges and Recent Trends in Water Law (NBI, 2014)
•Yellowstone River Compact Litigation (CLE, 2013)
•Importing Water to the Middle Rio Grande (CLE, 2012)

Publications

•The Evolving Role of the Supreme Court in Interstate Water Disputes, Natural Resources & Environment, Volume 31, Number 2 (ABA Fall 2016)
•Municipal Water Supply: Redundancy vs. New Mexico’s Forty Year Statute, The Water Report (Nov. 15, 2016)
•Rights of Way on Tribal Lands, Tribal Water Rights Issues, and Environmental Regulation in Indian Country, in Best Practices for Protecting Natural Resources on Tribal Lands - Leading Lawyers Provide Background and Legal Framework for Protecting Rights Over Tribal Natural Resources (Thomson Reuters / Aspatore 2016)
•Understanding New Mexico’s Copper Rules, Vista- Natural Resources, Energy and Environmental Laws Section 7 (Summer 2013)
•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)

Honors

Listed in Best Lawyers in America

Super Lawyers, Energy, Natural Resources

Listed in Chambers USA: According to Chambers, clients “applaud his ‘outstanding ability to absorb new material’ while also highlighting his excellent trial skills and approach to client service.”

Martindale-Hubbell AV Preeminent Peer Review Rating