NEW MEXICO ENVIRONMENTAL LAW CENTER — CURRENT CASE DOCKET
Printed: Thursday, May 17, 2012

Case	Location	Client(s) /Partners	NMELC Attorney(s)	Status	Issue(s)
New Mexico Oil and Gas Pit Rule Re-Write	Statewide	Oil and Gas Accountability Project (OGAP)	Eric Jantz	On-going	Represent clients against industry groups' petition before the NM Oil Conservation Commission seeking to weaken rules regulating oil and gas drilling wastes.
New Mexico Oil and Gas Hydraulic Fracturing (“Fracking”) Disclosure Regulation	Statewide	Earthworks' Oil & Gas Accountability Project (OGAP)	Douglas Meiklejohn	CLOSED	NMELC will advocate that environmental and landowner protections be included in oil and gas industry-sponsored regulations for disclosure of fracking fluids. The proposed regulations require drilling companies to report some of their fracking fluids within 45 days after they inject the chemicals underground to facilitate natural gas extraction.
NM Construction Industries Commission Repeal of Energy Efficient Building Codes	Statewide	Southwest Energy Efficiency Project, Sundancer Creations Custom Builders, Environment New Mexico, the Sierra Club, e-Solved, Inc., and several individuals	Douglas Meiklejohn	On-going	Appealing the repeal of three building codes and amendment of a fourth by the New Mexico Construction Industries Commission. The codes included the Energy Conservation Code adopted in 2010, would have required new construction to be 20% more energy efficient than was required previously.
New Mexico Energy Conservation Codes	Statewide (outside of Albuquerque)	Southwest Energy Efficiency Project; Sundancer Creations, LLC; e-solved, Inc.; Environment New Mexico; the Sierra Club and several individuals	Douglas Meiklejohn	On-going	Oppose the illegal repeal of energy-efficient building codes, which were adopted by the State of New Mexico in 2010.
Helena Chemical's air quality permit appeal	Mesquite, NM	Mesquite Community Action Committee	Jonathan Block	CLOSED - Our clients were denied participation in the appeal.	Represent clients in appellate court, where the Helena Chemical is appealing its need to have an air quality permit.
Rio Lucero Discharge Fish Kill	Taos Pueblo	Taos Pueblo	Douglas Meiklejohn	On-going	To comment on the U.S. Environmental Protection Agency’s (EPA) proposed disposition of the El Prado Water & Sanitation District Discharge to the Rio Lucero which resulted in a fish kill. The Pueblo requests a government-to-government face-to-face meeting with the EPA at the Pueblo to discuss these issues and the development of a process for addressing similar issues that arise in the future.
Los Alamos National Security LLC Hazardous Waste Appeal	Los Alamos	Concerned Citizens for Nuclear Safety (CCNS)	Jonathan Block	On-going	The Department of Energy (DOE) and Los Alamos National Security LLC (LANS) assert that the State issued permit violates federal law.
Aquifer Science LLC water rights application	East Mountains of Albuquerque	individuals	Bruce Frederick	On-going	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.
Pandora uranium mine	Moab, UT	Uranium Watch	Eric Jantz	COMPLETED The presiding judge accepted the settlement terms and has dismissed the case.	File lawsuit on behalf of Uranium Watch against the US Forest Service for violating the National Environmental Policy Act in permitting certain operations at the Pandora uranium mine without considering the environmental impacts.
San Miguel County oil and gas ordinance	San Miguel County	ranchers	Bruce Frederick	On-going	Assist residents in San Miguel in drafting an oil and gas ordinance, and in advocating that ordinance to the County Commission.
American Cement air permit	North Valley Albuquerque	Greater Gardner Neighborhood Assoc.	Jonathan Block	COMPLETED - Our clients, with assistance of the NMELC, arrived at a settlement with American Cement obtaining major environmental protection.	Assist neighbors in protesting air quality permit for operational expansion of American Cement transfer station.
Moore Ranch ISL Mine (proposed)	Wyoming (east)	Southwest Research and Information Center (SRIC)	Eric Jantz	On-going	Comment on Supplemental Environmental Impact Statement (SEIS) issued by Nuclear Regulatory Commission (NRC) for Moore Ranch. SEIS utilizes the Generic Environmental Impact Statement (GEIS).
Roca Honda MMD Mining Permit	Mt. Taylor		Eric Jantz	On-going	Participate in first application to Mining and Minerals Division (MMD) for conventional uranium mining permit under NM Mining Act.
Dewey / Burdock uranium mine	South Dakota	Western Mining Action Project, Energy Minerals Law Center, Powder River Basin Resource Council	Eric Jantz, Jonathan Block (advisors)	On-going	Oppose the first US Nuclear Regulatory Commission (NRC) license using the Generic Environmental Impact Statement (GEIS).
Knowles Community Groundwater Case	Knowles near Hobbs	individuals	Jonathan Block	CLOSED - Settlement reached which requires that the dairy operations irrigation water be metered with quarterly reporting of water use.	Represent clients in proceeding where dairies are drawing down local water supplies.
New Mexico model surface owners' oil and gas contract	Statewide	Oil and Gas Accountability Project (OGAP)	Bruce Frederick	On-going	Assist OGAP in adapting its Colorado surface owners' model oil and gas contract to New Mexico.
New Mexico Dairy Discharge Regulations	Statewide	Amigos Bravos, Caballo Concerned Citizens, Citizens for Dairy Reform, Food and Water Watch, Sierra Club Rio Grande Chapter	Jonathan Block	On-going	Represent clients at an New Mexico Environment Department (NMED) hearing to advocate for strong discharge standards for dairies.
Homestake Discharge Permit 725	Milan	Bluewater Valley Downstream Alliance (BVDA)	Jonathan Block, Eric Jantz	On-going	Represent BVDA at public hearing concerning modification and renewal of groundwater discharge permit DP-725 for Homestake uranium mine.
Santa Fe County Sustainable Land Development Code	Santa Fe County	Drilling Santa Fe	Jonathan Block	COMPLETED - On Nov. 9, 2010 the Santa Fe County Commission voted unanimously to approve its new Sustainable Growth Management Plan.	Comment on the County's SLDC, which will impact implementation of the County's oil and gas regulations.
Roca Honda discharge permit	Mt. Taylor	Multicultural Alliance for a Safe Environment (MASE)	Eric Jantz	On-going	Participate in New Mexico Environment Department (NMED) proceeding concerning discharge permit for Roca Honda uranium mine.
Roca Honda USFS Plan of Operations/ NEPA Process	Mt. Taylor	Multicultural Alliance for a Safe Environment (MASE)	Eric Jantz	On-going	Participate in United State's Forest Service's (USFS) National Environmental Policy Act (NEPA) mandated environmental review process.
Gila River Diversion Project	Gila River	Gila Conservation Coalition	Bruce Frederick	On-going	Investigate options open to the State of New Mexico concerning water projects on the Gila River under the Arizona Water Settlements Act.
Mount Taylor Standby Permit	Mt. Taylor region, near Grants, NM	Amigos Bravos and Multicultural Alliance for a Safe Environment (MASE)	Eric Jantz	On-going	Represent our clients who challenge Rio Grande Resources' renewal application for a fourth standby permit for the inactive Mt. Taylor Mine. If granted, the permit allows the mine operator to let the mine remain inactive without having to do any reclamation (clean up).
New Mexico Oil and Gas Pit Rule Roll Back	Statewide	Oil and Gas Accountability Project (OGAP)	Eric Jantz, Bruce Frederick	On-going	Prevent industry-requested rollback of chloride standard from 3,000 mig/l to 250 mg/l.
Rio Bonito water rights case - Capitan/ Ruidoso water transfer	Rio Bonito Valley (Lincoln County)	Rio Bonito Preserve	Bruce Frederick	On-going	Prevent Capitan from speculative lease of water to Ruidoso, to detriment of acequia farmers in valley and surface flows of Rio Bonito.
Rio Arriba County Oil and Gas Ordinance	Rio Arriba County	Rio Arriba County	Eric Jantz, Bruce Frederick	On-going	Review the proposed oil and gas ordinance for Rio Arriba County.
New Mexico Greenhouse Gas Emission Cap	Statewide	New Energy Economy	Bruce Frederick	On-going	Appear before the NM Environmental Improvement Board to advocate for a reduction in New Mexico’s greenhouse gas emissions by 3% per year, beginning in 2012.
Taos municipal airport expansion	Taos	Taos Pueblo	Douglas Meiklejohn	On-going	Prevent expansion of the Taos airport so as to protect Taos Pueblo from noise and privacy invasion.
Augustin Plains Ranch water rights application	Catron County near Datil	Gila Conservation Coalition, ranchers	Bruce Frederick	On-going	Prevent the State from granting a 54,000 acre-foot water rights application for speculative purposes.
Ortiz Mountains gold mine reclamation	Santa Fe County	Friends of Santa Fe County	Douglas Meiklejohn	On-going	Remediation of LAC gold mine in Ortiz Mountains.
Nuclear Regulatory Commission (NRC) ISL GEIS	Western US	SRIC and ENDAUM	Eric Jantz	On-going	NRC is proposed to conduct a General Environmental Impact Statement (GEIS) for all in situ leach (ISL) uranium mining.
New Mexico Oil and Gas Pit Regulation appeal	Statewide	Oil and Gas Accountability Project (OGAP)	Eric Jantz, Bruce Frederick	On-going	Representing client in litigation brought by oil and gas industry in State Appellate Court; we are working to uphold regulations.
New Mexico Oil and Gas Pit Regulation Change	Statewide	Oil and Gas Accountability Project (OGAP)	Eric Jantz	COMPLETED - Stringent regulations adopted June 2008.	Advocate for language that would allow for the improved regulation of discharges from oil and gas wells.
Los Alamos National Laboratory Radioactive Liquid Waste Treatment Facility Discharge Permit	Los Alamos	Amigos Bravos	Douglas Meiklejohn	On-going	Representing client in state proceedings concerning Discharge Permit 1132 for the Radioactive Liquid Waste Treatment Facility.
Hydro Resources, Inc. uranium mines	Church Rock, Crownpoint	Eastern Navajo Diné Against Uranium Mining (ENDAUM) and the Southwest Research and Information Center (SRIC)	Eric Jantz	On-going	Appearing in proceedings before the Nuclear Regulatory Commission to stop the operation of an in-situ leach uranium mining operation that will contaminate the sole drinking water source for 15,000 Navajo citizens. Federal appeal of license filed in February, 2007.
Grant County Tyrone mine closure plan	Silver City/ Grant County	Gila Resources Information Project (GRIP)	Bruce Frederick	On-going - The NM Water Quality Control Commission directed NMED to determine which parts of the aquifers underlying the mines are “places of withdrawal” where water quality standards must be met. NMED must make this determination and reevaluate the permit conditions in light of its determination within 18 months.	Ensure future remediation and bonding of Phelps Dodge mine (5th largest open pit mine in U.S.) in Grant County.
Galisteo Basin oil and gas drilling – Tecton permitting process	Santa Fe County	Drilling Santa Fe	Eric Jantz	COMPLETED	Represent client in State permitting proceedings concerning Tecton Energy, which has applied to drill for oil in the Galisteo Basin.
BER beryllium mine	Monticello (near Truth or Consequences)	Monticello Ditch Association	Jonathan Block	On-going	Prevent the siting of a beryllium mine that would threaten springs and an acequia.
Chaparral Landfill	Chaparral, Otero and Doña Ana Counties	Colonias Development Council	Douglas Meiklejohn	On-going	Mexican-American community working to prevent the siting of another landfill in their town.