Timothy B. Rode
Top rated Energy & Natural Resources attorney in Santa Fe, New Mexico
Hardy McLean LLC
Practice areas: Energy & Natural Resources, Environmental, Administrative Law; view more
Licensed in New Mexico since: 2012
Education: Fordham University School of Law
Languages spoken: English, Spanish
Selected to Rising Stars: 2022 Call today:
505-230-4410
Free Consultation Hardy McLean LLC
125 Lincoln AveSuite 223
Santa Fe, NM 87501 Visit website
Timothy B. Rode is a partner at Hardy McLean LLC in Santa Fe, New Mexico, where he has established himself as a trusted authority in utilities, natural resources, environmental law and administrative law. His practice is defined by a rare combination of regulatory acumen, litigation experience, and an intimate understanding of the legal and market forces shaping New Mexico's energy and infrastructure landscape.
At the core of Mr. Rode's work is his ability to guide clients through the most complex regulatory and litigation challenges in the utilities, energy and infrastructure sectors. He regularly appears before the New Mexico Public Regulation Commission and various state and federal agencies, representing clients in contested proceedings, permitting matters and compliance issues. His portfolio encompasses public utility ratemaking, energy infrastructure approvals, renewable energy development and high-stakes administrative litigation – reflecting both the breadth and depth of his knowledge.
Mr. Rode's professional foundation was forged in New York City, where he cultivated a sophisticated practice centered on land use, environmental regulation and commercial litigation. His tenure as a law clerk for Justice Shirley Werner Kornreich (ret.) in the Commercial Division of the New York State Supreme Court in Manhattan further sharpened his analytical rigor and courtroom instincts – qualities that continue to distinguish his advocacy today.
A proud native New Mexican, Mr. Rode brings a genuine regional perspective to his representation of clients navigating the state's evolving energy economy. His fluency in Spanish, certified at the DELE C1 level, extends both his linguistic capability and cultural reach across the communities his practice serves.
Mr. Rode earned his J.D. from Fordham University School of Law in 2012 and holds a Bachelor of Arts cum laude from the University of Massachusetts at Amherst's Commonwealth Honors College in 2007. His academic achievement and professional trajectory reflect a career built on intellectual discipline, strategic thinking, and an enduring commitment to the clients and region he serves.
Se habla español.
Practice areas
Energy & Natural Resources, Environmental, Administrative LawFocus areas
Energy Law, Environmental Law, Natural Resources Law
- 50% Energy & Natural Resources
- 30% Environmental
- 20% Administrative Law
First Admitted: 2012, New Mexico
Professional Webpage: https://www.hardymclean.com/timothy-b-rode
Bar / Professional Activity
- New Mexico State, 2012
- New York State, 2014
- New Jersey State, 2013
Verdicts / Settlements (Case Results)
- Obtained reversal of agency decision in environmental litigation before the New Mexico Court of Appeals - Alto Coalition for Environmental Preservation v. Roper Construction, Inc., No. A-1-CA-41197 (May 14, 2025)., 2025
- Obtained major Oil Conservation Commission win for Empire New Mexico LLC (OCC Case Nos. 24018, 24019, 24020, and 24025). Represented Empire in contested OCC litigation involving residual oil zone recovery, saltwater-disposal injection, correlative rights, and waste prevention in the Eunice Monument South Unit. After an 18-day hearing, the OCC denied Goodnight Midstream’s applications for new disposal wells, denied its requested injection-rate increase, suspended four existing injection wells, and granted Empire an opportunity to pursue a CO₂ EOR pilot project to test recoverability of the residual oil zone. The case is currently pending appeal., 2025
- Secured approval of six long-term battery-storage PPAs for SPS/Xcel Energy (Case No. 25-00085-UT). Represented Southwestern Public Service Company in an NMPRC proceeding seeking approval of six long-term purchased-power agreements for four-hour battery energy storage systems totaling 570 MW across New Mexico, Texas, and Oklahoma. The case resolved through a unanimous, unopposed stipulation with Staff and intervenors, with the Hearing Examiners recommending approval of the agreements and associated cost-recovery framework, subject to conditions addressing SPP participation, resource planning, and cost allocation., 2026
- Obtained New Mexico Court of Appeals reversal in public-records/IPRA appeal. Represented the New Mexico Legislative Council Service and New Mexico Legislature on appeal in New Mexico Ethics Watch v. Legislative Council Service (Case No. A-1-CA-41767). The Court of Appeals reversed the district court’s production order, held that the requested legislative records were confidential under the LCS confidentiality statute and IPRA’s catchall exception, and vacated the fee award., 2026
- Helped secure recommended approval of Bernhard Capital Partners’ acquisition of New Mexico Gas Company (Case No. 24-00266-UT). Represented the BCP-side applicants in a closely watched utility-acquisition proceeding involving New Mexico’s largest natural-gas utility, private-infrastructure ownership, ring-fencing, affiliate protections, financing, confidential transaction materials, and customer-benefit commitments. The Hearing Examiners recommended approval with conditions, finding that the transaction would provide a net public benefit., 2026
- Secured major NMPRC resource-approval win for Southwestern Public Service Company/Xcel Energy (Case No. 25-00066-UT). Represented SPS in a contested proceeding seeking approval of a $9.38 billion portfolio of generation, battery-storage, and transmission resources. The Commission granted CCNs for the self-build projects and associated New Mexico transmission facilities, approved location and right-of-way relief, granted limited variances, and established key ratemaking principles., 2026
Representative Clients
- Southwestern Public Service Company / Xcel Energy: Represent SPS/Xcel Energy in major New Mexico utility-regulatory proceedings involving resource approvals, rate cases, battery storage, transmission, purchased-power agreements, REA filings, and grid modernization., 2026
- PBEX LLC: Represented PBEX LLC and affiliate E.G.L. Resources, Inc. in New Mexico Oil Conservation Division litigation involving compulsory pooling, well-cost elections, working-interest participation, and a motion to dismiss Chevron U.S.A. Inc.’s application to reopen prior pooling orders., 2026
- Empire New Mexico LLC: Represent Empire New Mexico LLC in contested Oil Conservation Commission litigation and appeal involving residual oil zone recovery, saltwater-disposal injection, correlative rights, and waste prevention., 2026
- Bernhard Capital Partners / Saturn Utilities Holdco LLC: Represented the BCP-side applicants in the NMPRC proceeding seeking approval of Saturn Utilities Holdco LLC’s proposed acquisition of New Mexico Gas Company., 2026
Special Licenses / Certifications
- Spanish - Diploma de Español como Lengua Extranjera (DELE) - C1 (Effective Operational Proficiency) - Instituto Cervantes, 2022
Educational Background
- University of Massachusetts at Amherst's Commonwealth Honors College, B.A., Honors: cum laude, 2007
Honors
- Selected for New York Metro Super Lawyers® Rising Stars list., Rising Stars, Super Lawyers, 2022
Industry Groups
- Financial Services
- Oil And Gas
- Utilities
Selections
- Rising Stars: 2022
