People who work in regulatory affairs negotiate the interaction between the regulators (the government), the regulated (industry), and oftentimes public interest groups.  Regulatory affairs professionals act as a liaison between the potentially conflicting worlds of government, industry, and the public to help ensure that operations are compliant, safe, environmentally sound, and productive. 

Why Should Industry Proactively Engage with Administrative Agencies?

Government agencies are given powers to carry out certain functions on behalf of Congress at the federal level, state legislatures at the state level, and local officials at the local level. The legislature passes a law and then delegates a government agency with the responsibility for creating, adjudicating, and enforcing rules, procedures, and regulations that support the objectives of the broader law. 

More specifically, functions carried out by an administrative agency may include but are not limited to:

• Creating and implementing rules and regulations
• Enforcing laws and regulations within their specific jurisdiction
• Making decisions in individual cases, e.g., granting permits or licenses
• Conducting investigations and audits
• Adjudicating disputes through administrative hearings
• Providing guidance and interpreting laws and regulations
• Monitoring compliance with regulations

While the functions of any given federal or state administrative agency will vary according to the agency's purpose and the extent of their responsibilities, many of these functions can impact the speed at which operations can be conducted.  And, both before and after operations commence, businesses often need to engage with agencies on a variety of compliance questions.

How Can a Regulatory Affairs Consultant Help My Business?

Whether you are facing regulatory challenges, dealing with government agencies, or seeking clarity on administrative processes, a regulatory affairs consultant can provide insight and smart representation.  Working with administrative agencies often involves both a foundational understanding of administrative law and knowledge about the agencies who you want to partner with.  Administrative law is unlike any other area of law and is layered with complexities. 

Here is a short list of agencies most relevant to energy companies doing businesses in New Mexico where industry members may need or want to engage:

Department of Energy  Regulating issues such as the Interstate Pipeline Transportation Rates and Incentives for Produced Water and Hydrogen.  Notable branches within the Department of Energy include the:

• Federal Energy Regulatory Commission
• Office of Fossil Energy and Carbon Management
• Hydrogen and Fuel Cell Technologies Office

Department of Interior  Regulating issues such as Public Lands, Endangered Species, and Royalty Payments to the Federal Government.  Notable branches within the Department of the Interior include the:

• Bureau of Land Management  
• Fish & Wildlife Service
• Office of Natural Resource Revenue  
• Bureau of Indian Affairs

Department of Transportation  Regulating issues such as Interstate Pipeline Safety, Transport of Oil and Products by Rail.  Notable branches within the Department of Transportation include the:

• Federal Railroad Administration
• Pipeline and Hazardous Materials Safety Administration

Environmental Protection Agency  Protecting the Environment (including air and water quality).  Notable branches within the Environmental Protection Agency include the:

• Office of Air and Radiation
• Office of Chemical Safety and Pollution Prevention
• Office of Enforcement and Compliance Assurance
• Office of Environmental Justice and External Civil Rights
• Office of Water

New Mexico Energy Minerals and Natural Resources Department  This agency houses the primary oil and gas regulators in New Mexico, State Parks, and Forestry.  Notable departments within the Energy Minerals and Natural Resources Department include:

• New Mexico Oil Conservation Commission
• New Mexico Oil Conservation Division
• Forestry Division
• State Parks Division
• Energy Conservation and Management Division

New Mexico Environment Department  This agency regulates issues such as safety, air, water, and waste in New Mexico.  Bureaus, Boards and Commissions within this agency include the:

• Air Quality Bureau
• Climate Change Bureau
• Occupational & Health Bureau
• Radiation Control Bureau
• Numerous Bureaus overseeing water safety issues, such as the Drinking Water, Groundwater Bureaus, Surface Water Quality Bureau, Petroleum Storage Tank Bureau
• The Hazardous Waste and Solid Waste Bureaus
• The Environmental Improvement Board
• The Water Quality Control Commission

The New Mexico Office of the State Engineer  This agency administers water rights in New Mexico.

New Mexico State Land Office  This agency regulates public lands (including minerals) owned in trust by the State of New Mexico.

If you have specific questions or need assistance planning engagements with these agencies, reach out to us by using the online form or calling the firm at (505) 264-8740 or (307) 365-1814 to schedule a consultation. We are willing to discuss a variety of financial arrangements for regulatory affairs consulting services, including fixed fee rates.