NMELCs current Case Docket.


DOCKET OF CURRENT CASES


Cases are arranged alphabetically. To find a particular case, location or topic, use our search feature. You can use any search term, or multiple search terms to narrow the focus of the search.

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Aquifer Science LLC Water Rights Application [Click to view entire case file.]
Location:
East Mountains of Albuquerque

Issues:

Aquifer Science LLC seeks to pump 1,500 acre-feet of water annually from the Sandia Underground Water Basin in Bernalillo County, NM. The NMELC represents individuals who are concerned about the impacts of the proposed pumping on their water rights, public welfare and conservation of water.



Latest News:

05/12/2017 - NMELC files Reply to Aquifer Science’s Opposition to Motion to Compel

04/11/2017 - NMELC files Motion to Compel Amount of Attorney Fees

04/11/2017 - NMELC files Motion for Summary Judgment

11/19/2014 - Aquifer Science files notice of appeal in District Court.

11/14/2014 - State Engineer denies Aquifer Science’s application.

05/27/2013 - Hearing resumes on May 30th in Santa Fe through May 31st. The hearing picks up again on June 25th through June 28th.

03/18/2013 - Hearing scheduled to begin on March 25th at 9 am in Santa Fe. The hearing will be in the Bataan Memorial Building, 407 Galisteo St., Santa Fe, NM 87501. This hearing is open to the public.

02/25/2013 - NMELC files Protestants’ Response to the Water Rights Division’s Motion to Strike and Response to Aquifer Science’s Motion for Leave to File Surreply, and Response to Alternative to Motion to Strike.

02/01/2013 - Filed reply to Aquifer Science response and the Water Rights Division response to Protestants’ Motion for Summary Judgement.

01/07/2013 - NMELC files Protestants’ Motion for Summary Judgement.

07/29/2011 - NMELC files Response to Applicant’s Motion to Amend it’s Application.

06/15/2011 - NMELC files Exhibits that will be used at the trial.

Case Initiation Date:
January 2011

Clients/Partners:
individuals

Attorneys:
Jon Block

Case Status:
On-going

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Augustin Plains Ranch water rights application [Click to view entire case file.]
Location:
Catron County near Datil

Issues:

The New York-based company seeks to pump 54,000 acre-feet of water annually through thirty-seven 20” wells. The Law Center represents approx. 80 individuals and organizations in this case; our clients are concerned about the impacts of pumping on their water, on wildlife, springs, and on the Rio Grande and Gila Rivers, which are hydrologically connected to the San Augustin Plains—and which is the last undammed river in the Southwest.



Latest News:

9/12/2016 - NMELC files motion in 7th Judicial District Court to reopen the case.

8/15/2016 - Augustin Plains Ranch announced that the Ranch’s amended application to obtain the rights to 54,000 acre-feet of water is under consideration by the Office of the State Engineer.

08/12/2015 - NMELC files Response in Opposition to Augustin Plains Ranch LLC’s Motion to Dismiss and Remand to State Engineer.

12/23/2014 - Augustin Plains Ranch files third application.

11/25/2014 - State Engineer rejects Augustin Plains Ranch’s second application and gave the Ranch thirty days to file a corrected application.

10/29/2014 - NM Supreme Court denies petition.

09/22/2014 - NMELC files Petition for Writ for clients asking the NM Supreme Court to order the State Engineer to dismiss a massive speculative water appropriation application from Augustin Plains Ranch, LLC.

08/19/2014 - Court of Appeals dismisses Augustin Plains Ranch LLC’s appeal “in light of the fact that Appellant has filed a new application that replaces and supercedes the prior application, the present appeal is moot.”

08/01/2014 - Brief Demonstrating that Appeal is Not Moot filed in the Court of Appeals

01/22/2013 - Augustin Plains Ranch, LLC files Notice of Appeal

01/03/2013 - Order from the 7th Judicial District Court that dismisses the Ranch’s appeal. The Ranch now has 30 days to file another appeal in the Court of Appeals.

11/14/2012 - Memorandum opinion on motion for summary judgement upholding the State Engineer’s order denying application.

09/12/2012 - NMELC files reply in support of upholding the State Engineer’s order.

07/26/2012 - NMELC files memorandum in support of upholding the State Engineer’s order denying application and dismissing this appeal.

04/09/2012 - Augustin Plains Ranch LLC files appeal

03/30/2012 - New Mexico State Engineer denies Augustin Plains Ranch LLC’s water rights application.

12/05/2011 - Hearing scheduled for February 7th, 2012 in Socorro.

05/13/2011 - NMELC files Protestants’ Reply to Augustin Plains Ranch LLC’s Responses regarding Motion to Dismiss.

04/29/2011 - NMELC files Response in Opposition to Augustin Plains Ranch’s Motion for Stay.

02/11/2011 - NMELC files Motion to Dismiss application.

11/09/2010 - Hearing Officer requested a brief to be filed on February 11th. Oral arguments will be heard on May 20th.

10/18/2010 - There will be a scheduling meeting on November 9th in Socorro, NM. The meeting is meant to finalize calendaring of the hearing with the State Engineer.

06/01/2010 - Those protesting the application by Augustin Plains Ranch LLC have until June 28th to pay a $25 fee to the New Mexico Office of the State Engineer to be involved in the matter.

Case Initiation Date:
2008

Clients/Partners:
Gila Conservation Coalition, ranchers

Attorneys:
Douglas Meiklejohn, Jaimie Park

Case Status:
On-going

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BER Beryllium Mine [Click to view entire case file.]
Location:
Monticello (near Truth or Consequences)

Issues:

Prevent the siting of a beryllium mine that would threaten springs and an acequia. Exploration complete in 2010, now working to obtain proper reclamation of the exploration.



Latest News:

10/17/2012 - Clients are waiting for notice that BER has begun reclamation.

04/26/2010 - NM Mining and Minerals Division MMD granted BE Resources Inc., a permit to drill exploration holes on the Sullivan Ranch. Read Press Release.

Case Initiation Date:
June 2008

Clients/Partners:
Monticello Ditch Association

Attorneys:
Jonathan Block

Case Status:
On-going

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Chaparral Landfill [Click to view entire case file.]
Location:
Chaparral, Otero and Doña Ana Counties

Issues:

Mexican-American community working to prevent the siting of another landfill in their town.

NM Supreme Court decision (7/05) can be found here.



Latest News:

NM Supreme Court ruled in 2005 that NMED must evaluate public input during permitting process; public hearing reopened in 2007.

Case Initiation Date:
June 2007

Clients/Partners:
Colonias Development Council

Attorneys:
Douglas Meiklejohn

Case Status:
On-going

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Copper Flat Mine [Click to view entire case file.]
Location:
Sierra County

Issues:

Evaluate potential impacts to environment from proposed reopening of Copper Flat mine and participate in permitting processes.



Latest News:

04/04/2016 - NMELC files Turner Ranch Properties L.P.‘s Comments to Draft Environmental Impact Statement for the Copper Flat Copper Mine.

Case Initiation Date:
May 2011

Clients/Partners:
Turner Ranch Properties, L.P. (Ladder Ranch)

Attorneys:
Jaimie Park

Case Status:
On-going

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Honstein Fuel Depot [Click to view entire case file.]
Location:
Albuquerque, NM

Issues:

Our clients in this case are challenging the Albuquerque-Bernalillo County Joint Air Quality Control Board’s method of permitting a 6,000 gallon gasoline storage tank that is located near homes in the San Jose neighborhood. The San Jose neighborhood of the South Valley of Albuquerque is recognized by the US EPA as an “Environmental Justice community”. We are challenging the current permitting process because decision-makers have failed to assess actual, cumulative pollution impacts upon the residents of San Jose neighborhood, and failed to uphold their mandate under the New Mexico Air Quality Control Act to ‘prevent or abate air pollution.’



Latest News:

05/10/2017 - NMELC files Notice of Appeal in New Mexico Court of Appeals.

04/12/2017 - Albuquerque Bernalillo County Air Quality Board unanimously voted to deny our clients’ appeal. Read press release.

04/05/2017 - NMELC files Objections to the Hearing Officer’s Report, Proposed Findings of Fact and Conclusions of Law.

03/03/2017 - NMELC files closing arguments.

01/11/2017 - Hearing begins on appeal of Permit No. 3131.

06/22/2015 - Oral arguments to be heard Tuesday, June 30th in Albuquerque before the Albuquerque Air Quality Control Board.

06/08/2015 - NMELC files Response in Opposition to Motion to Vacate and Brief for Summary Disposition

04/29/2015 - Albuquerque Environmental Health Department Air Quality Program files Motion to Vacate and Brief for Summary Disposition.

04/08/2015 - NMELC files Notice of Intent to Present Technical Testimony.

08/12/2014 - NMELC files petition for appeal.

Case Initiation Date:


Clients/Partners:
SouthWest Organizing Project

Attorneys:
Eric Jantz

Case Status:
On-going

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LANL Cleanup Failure Challenge [Click to view entire case file.]
Location:
Los Alamos National Lab

Issues:

Representing our client as it challenges the failure of Los Alamos National Laboratory to clean up toxic and radioactive waste as required by a “Consent Order” to which it agreed in 2005.



Latest News:

01/20/2016 - NMELC served the Department of Energy with our 90 day Notice of Intent to file a federal lawsuit over LANL’s failure to clean up toxic contamination within the required deadlines under the Consent Order.

Case Initiation Date:
January 2016

Clients/Partners:
Nuclear Watch

Attorneys:
Jon Block

Case Status:
On-going

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LANL Discharge Permit 1793 Public Hearing [Click to view entire case file.]
Location:
Los Alamos

Issues:

Challenge decision by NMED to deny a public hearing during its consideration of DP-1793, which includes open spraying of wastewater (with constituents above standards) at LANL.



Latest News:

08/15/2016 - NMELC files Reply Briefs to LANS and WQCC Answer Briefs

06/10/2016 - NMELC files Brief in Chief in the NM Court of Appeals

02/03/2016 - NMELC files docketing statement in NM Court of Appeals

Case Initiation Date:
August 2015

Clients/Partners:
CCNS, Citizens for Clean Water

Attorneys:
Jaimie Park

Case Status:
On-going

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Los Alamos National Laboratory Radioactive Liquid Waste Treatment Facility Discharge Permit [Click to view entire case file.]
Location:
Los Alamos

Issues:

Representing client in state proceedings concerning Discharge Permit 1132 for the Radioactive Liquid Waste Treatment Facility.



Latest News:
Case Initiation Date:
June 2004

Clients/Partners:
Amigos Bravos

Attorneys:
Jonathan Block

Case Status:
On-going

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Los Alamos National Security LLC Hazardous Waste Appeal [Click to view entire case file.]
Location:
Los Alamos

Issues:

The Department of Energy (DOE) and Los Alamos National Security LLC (LANS) assert that the State issued permit violates federal law.



Latest News:

02/23/2011 - CCNS files Motion to Intervene in permit appeal.

Case Initiation Date:
January 2011

Clients/Partners:
Concerned Citizens for Nuclear Safety (CCNS)

Attorneys:
Jonathan Block

Case Status:
CLOSED - Settled

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