Assist neighbors in a North Valley neighborhood of Albuquerque protest an air quality permit for the expansion of the American Cement transfer station located in the middle of their community. The new permit allows the transfer station to drastically increase emissions and change its hours of operation from 11 hours a day/6 days a week, to “operating continuously” 24 hours a day. Our clients are concerned that the up-tick of activity will degrade the already polluted air over their neighborhood.

03/10/2010 - The Albuquerque-Bernalillo County Air Quality Control Board unanimously approved the settlement between our clients and American Cement obtaining major environmental protection.

02/26/2010 - The NMELC filed a settlement for our clients with the Albuquerque-Bernalillo Air Quality Control Board today. Our clients obtained major environmental protection that were lacking in the permit that the Air Quality Division issued last fall. The settlement will go before the Board on a motion for approval and dismissal of the appeal on March 10, 2010. Read more.

02/05/2010 - The hearing in front of the board has been postponed pending an attempt to arrive at a mediated settlement of the case.

01/11/2010 - Public hearing in front of the Albuquerque-Bernalillo County Air Quality Control Board is scheduled for February 22nd.

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.

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.

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.

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

04/02/2012 - 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.

Prevent the siting of a beryllium mine that would threaten springs and an acequia.

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.

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

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

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

Oppose the first US Nuclear Regulatory Commission (NRC) license using the Generic Environmental Impact Statement (GEIS).

Represent client in State permitting proceedings concerning Tecton Energy, which has applied to drill for oil in the Galisteo Basin.

10/09/2009 - Tecton hints at Galisteo Basin sale Santa Fe New Mexican

“Tecton Energy, the Houston-based company that applied for permits to drill in the Galisteo Basin last winter, might be trying to sell its mineral leases in the area.“

Investigate options open to the State of New Mexico concerning water projects on the Gila River under the Arizona Water Settlements Act.

Ensure future remediation and bonding of Phelps Dodge mine (5th largest open pit mine in U.S.) in Grant County. UPDATE: NMED and Tyrone settled, but the settlement is contingent on several future events, such as promulgation of copper mine discharge permit regulations and granting of variances. NMELC will continue to monitor the situation in behalf of GRIP.

12/22/2010 - NM Environment Department announces settlement with Freeport McMoran on the longstanding appeal associated with closure requirements for the Tyrone copper mine in Grant County, N.M. Get PDF of NMED press release.

03/06/2009 - Freeport McMoran filed an appeal to the decision from the Water Quality Control Commission to uphold the groundwater discharge permit requirements.

01/13/2009 - After four years of litigation, including an excursion to the NM Court of Appeals and a year of “executive session” deliberations by the NM Water Quality Control Commission, the Commission issued its decision on January 13th, 2009 regarding the groundwater discharge permit that the Environment Department (NMED) issued in 2005 to Phelps Dodge Mining Co., now Freeport McMoran.  The decision is significant for the protection of New Mexico’s groundwater.

The permit requires that the company clean up its extensive and deep groundwater pollution, which spans two aquifers.  Two of the permit conditions require the company to regrade and cover all of the exposed tailings, waste rock and ore at the site, encompassing nearly 10,000 acres of land. After the permit was issued, Phelps Dodge sued over those permit conditions. Although it did not dispute that the piles will continue to be sources of groundwater contamination for centuries to come, the company argued that it had the right to pollute the groundwater beneath its property. 

The Commission made several important determinations that rejected the arguments presented by the company and its numerous experts.  Most importantly, the Commission stated unequivocally that land ownership and control of the land surface are not relevant to determining whether groundwater will be used in the future.  Instead, it directed the NM Environment Dept. to only consider objective factors such as aquifer characteristics, present use of water, pre-mining water quality, and reasonably foreseeable use of the groundwater at issue over a time horizon of at least the next 100 years.

Residents of Mesquite, NM, are tired of the air pollution that blows from the Helena Chemical Company’s fertilizer mixing plant into their yards, homes and businesses.  For years, they have worked together as the Mesquite Community Action Committee to advocate for better air quality.

At different times during the past decade, we have represented the Committee.

• In 2005, we helped the community win a victory when we helped them persuade the NM Environment Department that the company requires an air quality permit.
• In 2010, we helped the community persuade the Environmental Improvement Board that it should deny Helena’s appeal of that permit requirement.
• Now we are working to represent the Committee in appellate court, where the company is appealing its need to have an air quality permit.

We will continue to represent the community in its efforts to clean up the air in Mesquite.

07/15/2011 - Because the group was not an official party to the proceeding, the Supreme Court did not require the appellate court to grant us party status.

07/06/2011 - Court of Appeals denies MCAC intervention in appeal.

06/13/2011 - Filed motion for leave to intervene in appeal.