CASES - Energy & Climate Change

Cases are arranged alphabetically, with the exception of affiliated case groupings. The simplest method to find a particular case is to use our search feature, at the top of the page.


Approach Resources oil and gas permitting process [Click to view entire case file.]
Location:
Rio Arriba County


Issues:

Intervene in case in order to determine if affected citizens do not own the land on which the drilling will occur have standing to participate in permitting.



Latest News:

02/09/2010 - MEETING POSTPONED: The Rio Arriba Planning and Zoning Committee meeting was scheduled to meet on February 10, 2010, to discuss Approach Operating LLC’s request for special use permits for five oil and gas wells in the Rio Chama watershed. The permits are now on the Committee agenda for March 3rd. More details

Case Initiation Date:
October 2009


Clients/Partners:
Drilling Santa Fe


Attorneys:
Eric Jantz


Case Status:
On-going



Clean cars regulation [Click to view entire case file.]
Location:
Statewide


Issues:

Submit a friend of the court brief to the NM Court of Appeals in support of the State Attorney General.  New Mexico car dealers are fighting a law that would mandate that cars sold in New Mexico (model year 2011 and later) meet the State of California’s emission standards, which are more strict than the federal standards.



Case Initiation Date:
December 2008


Clients/Partners:
Physicians for Social Responsibility


Attorneys:
Bruce Frederick


Case Status:
On-going



Dewey / Burdock uranium mine [Click to view entire case file.]
Location:
South Dakota


Issues:

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



Case Initiation Date:
November 2009


Clients/Partners:
Western Mining Action Project, Energy Minerals Law Center, Powder River Basin Resource Council


Attorneys:
Eric Jantz, Jonathan Block (advisors)


Case Status:
On-going



Galisteo Basin oil and gas drilling – Santa Fe County ordinance process [Click to view entire case file.]
Location:
Santa Fe County


Issues:

Working with client to ensure that stringent protections are in place to ensure that oil and gas drilling is not detrimental to human health, or environmental and cultural resources in the Galisteo Basin near Santa Fe.



Latest News:

12/09/08 - Santa Fe County’s Draft ordinance approved. “County’s oil and gas regulations called a ‘progressive approach’ Santa Fe County now has an ordinance aimed specifically at regulating the activities of the oil and gas industry.“ Panel gives green light to drilling ordinance Santa Fe New Mexican

Case Initiation Date:
September 2007


Clients/Partners:
Drilling Santa Fe


Attorneys:
Eric Jantz


Case Status:
On-going



Galisteo Basin oil and gas drilling – Tecton permitting process [Click to view entire case file.]
Location:
Santa Fe County


Issues:

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



Latest News:

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.“

Case Initiation Date:
Jan 2008


Clients/Partners:
Drilling Santa Fe


Attorneys:
Eric Jantz


Case Status:
On-going



Mora County oil and gas drilling [Click to view entire case file.]
Location:
Mora County


Issues:

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.



Latest News:

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.

Case Initiation Date:
February 2008


Clients/Partners:
Drilling Mora


Attorneys:
Bruce Frederick


Case Status:
On-going



New Mexico Greenhouse Gas Emission Caps [Click to view entire case file.]
Location:
Statewide


Issues:

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.



Latest News:

08/06/2010 - The NMELC files Petitioner’s Notice of Intent to Present Rebuttal Technical Testimony and Exhibits.

06/21/2010 - NM Environmental Improvement Board (EIB) voted to begin hearing technical testimony on our clients petition on August 16th.

06/07/2010 - New Mexico Supreme Court granted a Writ of Superintending Control which directs Judge Shoobridge of Lovington, NM, to dissolved the preliminary injunction he issued against the Environmental Improvement Board and to dismiss the complaint

05/24/2010 - New Mexico Supreme Court will hear oral arguments on June 7th regarding our client, New Energy Economy’s, petition regarding reversing a district judge’s decision that stopped the greenhouse gas emissions rulemaking.

05/19/2010 - New Mexico Supreme Court has ordered Judge Shoobridge and Plaintiffs to file a response in the greenhouse gas caps case by June 3rd.

05/14/2010 - The NMELC files a Petition with the New Mexico Supreme Court, asking the Court to order District Judge Shoobridge to reverse his decision which stopped a greenhouse gas emissions rulemaking.

04/13/2010 - District Judge Shoobridge ruled against our clients, New Energy Economy, by denying our Motion to Dismiss the challenge brought by a group of legislators and industry, and granting their preliminary injunction to stop proceedings by the Environmental Improvement Board (EIB) to cap greenhouse gas emissions.

04/01/2010 - Environmental Improvement Board’s Order on Motion to Strike Petitioner’s Technical Testimony filed.

03/17/2010 - NMELC files a Response to the Motion to Strike

03/02/2010 - The NMELC files Notice of Intent to Present Technical Testimony.

03/01/2010 - The New Mexico Environment Improvement Board (EIB) will hear public comment on the greenhouse gas cap regulations proposed by our client.

02/08/2010 - Law Center files Motion to Intervene and Motion to Dismiss for our clients in the suit brought against the Environmental Improvement Board’s authority to regulate greenhouse gas emissions.

01/13/2010 - “Suit could block state action on carbon emissions” New Mexico Business Weekly Read article

04/06/2009 - The State Environmental Improvement Board (EIB) decided it had statutory authority to hear the Petition to cap greenhouse gas emissions that we filed for New Energy Economy.

03/02/2009 - Hearing rescheduled for April 6, 2009.

12/23/2008 - Law Center Files Petition Requesting Statewide Limits on Greenhouse Gas Emissions to the State Environmental Improvement Board (EIB) on behalf New Energy Economy, calling on the state of New Mexico to reduce greenhouse gases to 25% below 1990 emission levels by 2020; to help avert the most severe impacts of global warming. The request for a hearing will be discussed at the January 5th meeting of the EIB.

Case Initiation Date:
October 2008


Clients/Partners:
New Energy Economy


Attorneys:
Bruce Frederick


Case Status:
On-going



New Mexico model surface owners' oil and gas contract [Click to view entire case file.]
Location:
Statewide


Issues:

Assist OGAP in adapting its Colorado surface owners’ model oil and gas contract to New Mexico.



Case Initiation Date:
October 2009


Clients/Partners:
Oil and Gas Accountability Project (OGAP)


Attorneys:
Bruce Frederick


Case Status:
On-going



New Mexico Oil and Gas Pit Regulation appeal [Click to view entire case file.]
Location:
Statewide


Issues:

Representing client in litigation brought by oil and gas industry in State Appellate Court; we are working to uphold regulations. The new Rule, for which the Law Center ardently advocated in 2007, is the most stringent in the nation and governs the management and disposal of toxic drilling by-products at drilling sites.



Latest News:

02/18/09 - Press Release: Governor Bill Richardson Proposes Modifications to New Mexico’s Oil Field Pit Rule

10/20/2008 - The Law Center submitted a brief, on behalf of our client, in the appeal in order to defend the Rule.  We anticipate that the NM District Court will issue a decision as early as this Spring.

Case Initiation Date:
July 2008


Clients/Partners:
Oil and Gas Accountability Project (OGAP)


Attorneys:
Eric Jantz, Bruce Frederick


Case Status:
On-going



New Mexico Oil and Gas Pit Regulation Change [Click to view entire case file.]
Location:
Statewide


Issues:

Advocate for language that would allow for the improved regulation of discharges from oil and gas wells.



Latest News:

02/18/09 - Press Release: Governor Bill Richardson Proposes Modifications to New Mexico’s Oil Field Pit Rule

07/2008 - The New Mexico oil and gas industry is suing to overturn it NM District Court (See New Mexico Oil and Gas Pit Regulation appeal)

06/2008 - Some requirements of the Pit Rule:

  • All temporary disposal pits must be permitted by the State, and all pits must have heavy-duty liners.
  • Drillers must use “closed-loop” tanks near water resources, rather than storing wastes in open pits that can leak into nearby wells, rivers or groundwater.
  • A significant amount of contamination must be hauled to licensed disposal sites; waste disposed of on-site must meet groundwater quality standards before being buried.
Case Initiation Date:
2007


Clients/Partners:
Oil and Gas Accountability Project (OGAP)


Attorneys:
Eric Jantz


Case Status:
COMPLETED - Stringent regulations adopted June 2008.



New Mexico Oil and Gas Pit Rule Roll Back [Click to view entire case file.]
Location:
Statewide


Issues:

In June 2008, the Law Center successfully advocated for New Mexico to adopt the most stringent Oil Pit Rule in the U.S. (the Rule governs the storage and disposal of toxic oil and gas drilling by-products. See case details: See case details: New Mexico Oil and Gas Pit Regulation Change)  On February 18, 2009, Governor Richardson announced he was directing the Energy, Minerals and Natural Resources Department to work with industry to develop amendments that would allegedly save companies the cost of compliance to the recently adopted Pit Rule. These proposed changes, if adopted, would substantially increase the risk of groundwater pollution.

The Law Center represents its client, the Oil and Gas Accountability Project, in an effort to defend the current Pit Rule.  We are particularly concerned about the State’s proposed rollback of the chloride standard from 3,000 micrograms/liter (mg/l) to 250 mg/l.  This proposal, which was made with industry input without participation from other stakeholders, would endanger groundwater quality by encouraging disposal of toxic oil field wastes in numerous uncontrolled locations.



Latest News:

11/16/2009 - Law Center files OGAP’s Reply to OCC Response

10/30/2009 - Law Center files OGAP’s Motion for Stay.

10/01/2009 - Law Center files OGAP’s Statement of Appellate Issues.

07/30/2009 - Law Center files OGAP’s Notice of Appeal to the First Judicial District Court.

06/19/2009 - State commission approves pit rule change, Drilling Santa Fe Blog.

04/28/2009 - Law Center files OGAP’s Proposed Conclusions of Law and Findings of Fact to the Oil Conservation Commission

03/31/2009 - Press Release: New Mexico’s Land and Water Face Challenge from the Oil and Gas Industry

02/18/2009 - Press Release: Governor Bill Richardson Proposes Modifications to New Mexico’s Oil Field Pit Rule

Case Initiation Date:
February 2009


Clients/Partners:
Oil and Gas Accountability Project (OGAP)


Attorneys:
Bruce Frederick


Case Status:
On-going



Nichols Ranch ISL Mine (proposed) [Click to view entire case file.]
Location:
Wyoming


Issues:

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



Latest News:

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

Case Initiation Date:
December 2009


Clients/Partners:
Southwest Research and Information Center (SRIC)


Attorneys:
Eric Jantz


Case Status:
On-going



Nuclear Regulatory Commission (NRC) ISL GEIS [Click to view entire case file.]
Location:
Western US


Issues:

We represent our clients in an effort to prevent the NRC from issuing a Generic Environmental Impact Statement (GEIS) for new in situ leach (ISL) uranium mining in Nebraska, New Mexico, South Dakota and Wyoming. If approved, the NRC would apply the document to every proposed ISL minesite in those four states, rather than conducting site-specific environmental impact statements.  A Generic EIS would limit public participation in licensing proceedings, and would reduce the type of studies required at each site.  The agency issued a 500-page Draft Generic EIS in July 2008. In August 2008, we successfully petitioned the agency to extend its public comment period by 60 days.  During that time, we conducted an in-depth legal and technical review of the document, and submitted comments in November 2008, with national groups and groups from California, New Mexico and South Dakota signing on. 



Latest News:

06/04/2009 - NRC Issues Final Environmental Report on Uranium Recovery Operations, Announces Change in Review Approach Go to press release

11/07/2008 - Comments Submitted on Nuclear Regulatory Commission’s Draft Generic Environmental Impact Statement for In-Situ Leach Uranium Milling Facilities on behalf of SRIC, BVDA, ENDAUM and the Haaku Water Office of the Acoma Pueblo, and with the support of other organizations and individuals.

Case Initiation Date:
July 2007


Clients/Partners:
SRIC, Haaku Water Office of Acoma Pueblo and ENDAUM


Attorneys:
Eric Jantz


Case Status:
On-going



Nuclear Regulatory Commission (NRC) ISL RIS [Click to view entire case file.]
Location:
National


Issues:

Comment on NRC Regulation Information Summary (RIS) which would give in situ leach (ISL) mining companies the right to construct major facilities at proposed minesites before the NRC issues licenses.



Case Initiation Date:
April 2009


Clients/Partners:
Southwest Research and Information Center (SRIC)


Attorneys:
Jonathan Block


Case Status:
On-going



Rio Arriba County Oil and Gas Ordinance [Click to view entire case file.]
Location:
Rio Arriba County


Issues:

Review the proposed oil and gas ordinance for Rio Arriba County.



Case Initiation Date:
January 2009


Clients/Partners:
Rio Arriba County


Attorneys:
Bruce Frederick


Case Status:
On-going



San Miguel County oil and gas ordinance [Click to view entire case file.]
Location:
San Miguel County


Issues:

Assist residents in San Miguel in drafting an oil and gas ordinance, and in advocating that ordinance to the County Commission.



Case Initiation Date:
January 2010


Clients/Partners:
ranchers


Attorneys:
Bruce Frederick


Case Status:
On-going



Santa Fe County Sustainable Land Development Code [Click to view entire case file.]
Location:
Santa Fe County


Issues:

Comment on the County’s SLDC, which will impact implementation of the County’s oil and gas regulations.



Case Initiation Date:
August 2009


Clients/Partners:
Drilling Santa Fe


Attorneys:
Bruce Frederick, Jonathan Block


Case Status:
On-going