NMELC Argues Pit Rule Essential to Groundwater Protection
SANTA FE, N.M.— Today, the New Mexico Environmental Law Center (NMELC) presented oral arguments defending the Oil and Gas Pit Rule in the First Judicial District Court. The Pit Rule, adopted in 2008, governs the storage and disposal of toxic oil and gas drilling wastes. Soon after its adoption, industry groups filed an appeal to have the Rule repealed and later, Governor Richardson moved to relax the Rule in order to save companies the cost of compliance.
Learn more about the New Mexico Oil and Gas Pit Regulation Appeal case.
Boling Enterprises, Yates Petroleum, and ConocoPhillips, among other oil and gas companies, had appealed the Pit Rule because they argue its adoption was not based on valid evidence and the Oil Conservation Commission didn’t look at the economic impacts the Rule would have.
“While the Rule may increase drilling costs, it can significantly reduce a company’s liabilities for costly clean-up when pit liners fail,” said Gwen Lachelt, founder and director of OGAP. “Now is the exactly the time we need strong protections safeguarding our water, land and public health - when well head prices are low and operators are more likely to cut corners. However, rather than ensuring that oil and gas is developed responsibly in New Mexico, industry is spending significant dollars to rollback a reasonable Rule that was developed through a sound process. We need a strong Pit Rule to make sure that new drilling is done in a way that works for all of us.”
“The Pit Rule is a necessary regulation,” said Jantz. “Prior to the Pit rule, oil and gas companies could dump their industrial wastes into an unlined hole in the ground. During the Pit Rule proceedings in 2007, the Oil Conservation Division presented evidence of at least 400 instances where groundwater had been contaminated by the contents of a pit. The Pit Rule prohibits these little toxic pockets of pollution from being leaked into our groundwater.”
The case was heard by Judge Barbara J. Vigil who took all parties arguments regarding industry’s challenge under advisement and would issue her decision sometime in February. Judge Vigil decided to postpone hearing arguments on the rollback of the chloride standard until February.
INTERVIEWS AND IMAGES ARE AVAILABLE UPON REQUEST
Contacts:
Juana Colón,
Communications and Public Education Associate
New Mexico Environmental Law Center
505-989-9022, ext. 21
Eric Jantz
Staff Attorney
New Mexico Environmental Law Center
505-989-9022, ext. 23
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