Ensure future remediation and bonding of Phelps Dodge mine (5th largest open pit mine in U.S.) in Grant County.

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.

Represent Haaku Water Office in government-to-government negotiations concerning new uranium mining permits near Acoma Pueblo and on or near Mt. Taylor.

06/05/2009 - Mount Taylor was permanently listed in the State Register of Cultural Properties by the Cultural Properties Review Committee. To view the final nomination, a map showing the guardian peaks used to establish the TCP boundaries and other related materials, please visit the New Mexico Historic Preservation Division website.

Represent BVDA at public hearing concerning modification and renewal of groundwater discharge permit DP-725 for Homestake uranium mine.

01/19/2010 - “Nearby residents oppose permit, Homestake still seeking renewal” Cibola Beacon Read full article.

12/18/2009 - NMELC filed expert testimony in the matter of the discharge permit (DP-725) for the Homestake uranium tailings reclamation superfund site.  A public hearing will be held to determine if the permit will be approved as issued or modified.

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, 2006.

This case marks the first time that a community has sued the Nuclear Regulatory Commission (NRC) over the issuance of an in situ leach (ISL) uranium mining license.  This case also marks the first time that the NRC has issued a license for mining in a high-quality drinking water aquifer, despite the fact that no ISL mines have ever been reclaimed to pre-mining condition.  (In fact, the Crow Butte mine in Nebraska, which the NRC has described as a “model reclamation” in the past, was fined $1 million in July 2008 for groundwater contamination.)

05/18/2010 - The 10th Federal Circuit Appeals Court denies request for En Banc Rehearing.

04/22/2010 - Law Center files Petition for Panel or En Banc Rehearing to the 10th Federal Circuit Appeals Court.

03/08/2010 - The 10th Federal Circuit Appeals Court in Denver, CO returned with their decision upholding the NRC license allowing HRI to mine for uranium in Crownpoint’s municipal water supply.

05/12/2008 - Oral arguments are heard in 10th Circuit Court of Appeals in Denver, CO. Currently we are waiting to hear judges decision.

Assist clients in protecting groundwater from contamination by major dairies.

Represent clients in proceeding where dairies are appealing state-mandated groundwater contamination mitigation plans.

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

Comment on Supplemental Environmental Impact Statement (SEIS) issued by Nuclear Regulatory Commission (NRC) for Lost Creek. SEIS utilizes the Generic Environmental Impact Statement (GEIS).

03/04/2010 - Law Center files comments on the SEIS that was issued by the NRC.

Comment on Supplemental Environmental Impact Statement (SEIS) issued by Nuclear Regulatory Commission (NRC) for Moor Ranch. SEIS utilizes the Generic Environmental Impact Statement (GEIS).

03/04/2010 - Law Center files comments on the SEIS that was issued by the NRC.

Working with clients to prevent oil and gas drilling that would be detrimental to human health, and environmental and cultural resources in Mora County, the 17th poorest county in the U.S.

09/25/2009 - “Who has more say in Mora County? Citizens or Shell?“ from Drilling Santa Fe Blog.

09/01/2009 - The Law Center has submitted comments on he Comprehensive Land Use Plan.

07/31/2009 - Currently working to see if it will be possible to adapt the Santa Fe County’s drilling ordinance to Mora County.