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

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.

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 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.

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.

Protect environmental and cultural resources from potential contamination from uranium mining on or near Mt. Taylor.

Aug 2009 - Client submitted comments on the proposed ground water discharge permit. Currently waiting on response from the New Mexico Environment Department’s Ground Water Bureau.

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 Amigos Bravos at an New Mexico Environment Department (NMED) hearing to advocate for strong discharge standards for dairies.

01/04/2010 - Currently awaiting response from the hearing officer regarding our clients Motion to Intervene in the opposing parties appeal to the Water Quality Control Commission. This hearing is scheduled for mid April 2010.

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.

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.

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.

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

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.

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.

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

Prevent Capitan from speculative lease of water to Ruidoso, to detriment of acequia farmers in valley and surface flows of Rio Bonito.

08/03/2009 - Currently in settlement discussions. Lease application hearing has been stayed indefinitely.

06/19/2009 - Lease application hearing by the Villages of Ruidoso and Capitan to lease water rights from Capitan to Ruidoso is scheduled for July 28th in Roswell, NM.

05/14/2009 - Filed Motion for Clarification, Motion for Partial Summary Judgment and Entry of Appearance.

Prevent landowner from moving water rights upstream to irrigate golf course, to detriment of acequia farmers in valley and surface flows of Rio Bonito.

08/27/2009 - Withdrawal of Protest filed in reliance on the August 12, 2009 letter from the Water Rights Administrative Director to Rio Bonito Reserve Inc.

08/03/2009 - Hearing scheduled for September 9th, 2009

The New York-based company seeks to pump 54,000 acre-feet of water annually through thirty-seven 20” wells. The Law Center represents nearly 100 individuals and organizations in this case; our clients are concerned about the impacts of pumping on their properties, on wildlife, and on the Gila River, which is hydrologically connected to the San Augustin Plains—and which is the last undammed river in the Southwest.

The company has applied for the appropriation, but the State Engineer has not yet set a date for a public hearing.  We will keep you apprised of this case as it continues.