New Mexico Oil and Gas Pit Rule Roll Back

Location: Statewide

Opposing Parties: Independent Petroleum Association of NM, Conoco-Phillips and others

Initiation Date: February 2009

Status: On-going

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

Attorneys: Bruce Frederick

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 Files:

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

10/30/2009 - OGAP’s Motion for Stay.

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

07/30/2009 - OGAPs Notice of Appeal

04/28/2009 - OGAPs Proposed Conclusions of Law and Findings of Fact