The Law Center filed a Petition for Panel or En Banc Rehearing for our clients to the US 10th Circuit Court of Appeals on April 22nd. As you may recall, last month a 3-judge panel ruled against our appeal of a uranium mining license issued to Hydro Resources by the Nuclear Regulatory Commission.  The Petition requests that all eleven active judges of the appellate court review our case.

One of our primary contentions in this case is that the Church Rock Section 17 proposed mine site is already heavily contaminated with radioactive waste from Cold War-era mining; this waste leaks enough radiation into the air that the area’s air quality already exceeds federal health and safety standards for radioactivity.  Our Petition asks for an en banc review of the panel’s ruling that Hydro Resources is not required to include this existing radiation levels in its calculations for how much radiation its operations will produce.  Under the panel’s ruling, the mining company will not have to clean up the site before it begins mining - and local residents will have to breathe radioactive air that has been contaminated twice-over.

See the filed Petition in PDF format.

Learn more about the Hydro Resources, Inc. uranium mines case

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04/26/2010 • Back to top

Industry “Whiners” Succeed in Derailing Democracy… for Now

On April 13th, Judge William G. W. Shoobridge of Lovington, NM ruled against the New Mexico Environmental Improvement Board (EIB) and our client, New Energy Economy, by denying our Motions to Dismiss the complaint brought by a group of legislators and industry groups. In addition, Judge Shoobridge granted the plaintiffs’ request for a preliminary injunction to stop the EIB from considering our petition to cap greenhouse gas emissions until he decided a narrow legal issue regarding the Board’s authority.

Four state lawmakers, several business/industry groups, and our state’s utilities, including Public Service Company of New Mexico (PNM), filed a number of motions to derail the Board’s regulatory proceeding.

“This sets a dangerous precedent,” states Bruce Frederick, Staff Attorney and lead counsel on the case.

Learn more about the New Mexico Greenhouse Gas Emission Caps case

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04/26/2010 • Back to top

Earth Day A-Z

New Mexico Environmental Law Center This Santa Fe-based nonprofit law firm takes cases related to everything from oil and gas drilling and uranium mining to environmental justice and acequia water rights. It also sells Justice Bars, organic chocolate bars made with local New Mexico ingredients.” Santa Fe Reporter

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04/26/2010 • Back to top

Judge halts petition seeking NM gas emissions cap

“Judge William Shoobridge granted a preliminary injunction prohibiting a state regulatory panel from continuing proceedings on a petition for the emissions cap until he rules on a lawsuit to stop that petition…
[Our clients, New Energy Economy] countered with a motion to dismiss the lawsuit, a move that was rejected Tuesday.” Associated Press

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Learn more about the New Mexico Greenhouse Gas Emission Caps case.

04/13/2010 • Back to top

Waste Not … or Get Nukes

“To begin with, there’s the issue of who benefits from increasing nuclear power generation.  At every point along the nuclear fuel chain, the flow of money reinforces current economic and social power disparities.” Eric Jantz

Read full blog post on The Grange at HCN.org

04/13/2010 • Back to top

A new wave of uranium mining threatens Indigenous communities in the Southwest

“ ‘The Navajo [Diné] communities … are demanding that they [the mining companies] stay off of Navajo lands,’ wrote the New Mexico Environmental Law Center in a March 9 press release. ‘This court setback is even more devastating now that the nuclear industry ramps up its lobbying campaign to gain access to stimulus funds for construction of new nuclear plants. … It’s critical to look at the entire nuclear fuel chain.’ ” The Indypendent

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04/05/2010 • Back to top

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