CASES - Hard Rock Mining

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. Learn more about Mining issues.


BER beryllium mine [Click to view entire case file.]
Location:
Monticello (near Truth or Consequences)


Issues:

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



Case Initiation Date:
June 2008


Clients/Partners:
Monticello Ditch Association


Attorneys:
Jonathan Block


Case Status:
On-going



Grant County Tyrone mine closure plan [Click to view entire case file.]
Location:
Silver City/ Grant County


Issues:

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



Latest News:

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.

Case Initiation Date:
2001


Clients/Partners:
Gila Resources Information Project (GRIP)


Attorneys:
Bruce Frederick


Case Status:
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.



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 Mining and Minerals Division exploratory permit regulations amendments [Click to view entire case file.]
Location:
Statewide


Issues:

Participate in proceeding to amend MMD’s regulations governing exploratory mining permits, in order to ensure that amendments are protective of communities and the environment.



Case Initiation Date:
January 2009


Clients/Partners:
Amigos Bravos, Gila Resources Information Project and Haaku Water Office of Acoma Pueblo


Attorneys:
Eric Jantz


Case Status:
On-going



Ortiz Mountains gold mine reclamation [Click to view entire case file.]
Location:
Santa Fe County


Issues:

Remediation of LAC gold mine in Ortiz Mountains.



Latest News:

July 2009 - We are continuing to monitor the settlement.

Case Initiation Date:
June 2005


Clients/Partners:
Friends of Santa Fe County


Attorneys:
Douglas Meiklejohn


Case Status:
On-going