News
The latest news from the New Mexico Environmental Law Center.
TELL THE EPA TO DO THE RIGHT THING:
Don’t Sacrifice Navajo Water for Uranium Mining
Recently, something unprecedented happened: the EPA agreed to revisit its 1989 decision to grant Hydro Resources Inc.‘s “aquifer exemption” permit. We hope the EPA reconsiders all the facts and revokes this permit, but we need your help.
Revoking this permit could be our last chance to protect Navajo communities’ aquifer from uranium mining.
What Does the Judge Mean by Ripe?
Last week, the court heard arguments on the Summary Judgement we filed in the Hydro Resources, Inc. uranium mine case. The Judge decided not to rule on the merits of case because the case is not ripe yet. Lead attorney, Eric Jantz. explains below what is meant by “ripe.“
So, “ripeness” is a judicial doctrine that prevents a judge from considering an issue in a case before the issue is ready to be decided. For example, suppose your neighbor just adopted a dog. The dog stays mostly indoors and has never gone in your yard. You go to court to get an injunction to keep your neighbors dog from pooping and digging in your yard…
NM Regulators Approve Fracking Disclosure Rule
Gwen Lachelt with Earthworks’ Oil and Gas Accountability Project was disappointed with the commission’s decision. “They went through all the motions to put in place a rule that requires nothing more than what’s already required on material safety data sheets,“ she said. Farmington Daily Times
We Need Full Disclosure of the Chemicals Used in Fracking!
Tell the New Mexico Oil Conservation Commission (OCC) you want the full and public disclosure of chemicals used in fracking!
On Thursday, November 17th, the New Mexico OCC will consider adopting a new rule requiring the oil and gas industry to disclose the fluids used in hydraulic fracturing (“fracking”) operations.
Industry has proposed a very weak rule. We have proposed a rule that would make New Mexico’s disclosure one of the best in the nation.
PLEASE PARTICIPATE IN THIS HEARING and URGE THE OCC TO ADOPT A STRONG RULE!
WHAT: Meeting and Public Hearing before the NM Oil Conservation Commission regarding Application of the New Mexico Oil and Gas Association for amendment of part of the code concerning hydraulic fracturing. (Get PDF of Hearing Announcement)
WHEN: Thursday, November 17, 2011. 9:00 a.m. to approximately 5:00 p.m.
WHERE: 1220 South St. Francis Drive - Porter Hall, Wendell Chino Building, Santa Fe, New Mexico
It is anticipated that public comment will be taken before lunch. Lunch breaks vary widely so plan to come early. If possible, plan to participate in the entire hearing.
Continue reading and get talking points and more info…
NMELC’s Written Comments to the National Environmental Justice Advisory Council
October 24, 2011
Dear NEJAC Members:
With the renewed interest in uranium mining in the Southwest, and the uranium mining industry’s emphasis on using in situ leach, or ISL, mining techniques, the EPA’s role in protecting public health and the environment has become more important than ever. As a brief background note, ISL uranium mining involves injecting fluids into groundwater to chemically extract uranium from discreet ore bodies. The invariable result of this mining is widespread contamination of groundwater with heavy metals and radiation.
To date, no commercial ISL operation has been able to restore groundwater to pre-mining conditions. See, Hall, Susan, Groundwater Restoration at Uranium In-Situ Recovery Mines, South Texas Coastal Plain. U.S. Geological Survey Open-File Report 2009-1143 (2009); NUREG 1910, Supp. 1, Environmental Impact Statement for the Moore Ranch ISR Project in Campbell County Wyoming at B-36 (Aug. 2010)(in response to comments that ISL operations cannot restore groundwater, the NRC replied, “that, to date, restoration to background water quality for all constituents has proven to be not practically achievable at licensed NRC IS[L] sites”). More often than not, groundwater contamination associated with ISL mining occurs in communities that are already burdened by radioactive and toxic contamination from historic uranium mining and milling.
Motion to Consolidate the 7 Pending Appeals of the Carbon Reduction Rules
NMELC filed a Motion to Consolidate in the Court of Appeals yesterday, seeking to consolidate the seven separate appeals that are pending. The pending appeals are virtually identical and each appeal is currently stayed. The consolidation will promote efficiency and conserve judicial resources.
Learn more about the New Mexico Greenhouse Gas Emission Cap case.
Private Profits, Public Threats: How Gov. Martinez’s Big Business Agenda Endangers New Mexican
Food and Water Watch, joined by Conservation Voters New Mexico and the New Mexico Federation of Labor, has released a report that outlines several examples of how Governor Susana Martinez has given special privilege to industries like oil and gas, industrialized dairy, homebuilders and mining at the expense of environmental protection and the local economy.
If you support the work of the NMELC, you’re supporting our work on ALL of the ongoing environmental issues mentioned in the full report.
Improper Hearing Procedures and Motion to Strike Filed in Greenhouse Gas Cap Case
Objection to Improper Hearing Procedures and Motion to Strike Parts of Petitioners’ Statement of Reasons filed in the case attempting to repeal the state wide carbon pollution cap law.
Get filed documents here. Learn more about the New Mexico Greenhouse Gas Emission Cap case.
NMELC Wins 2011 Piñon Award!
The Santa Fe Community Foundation has announced its 2011 Piñon Award winners and the New Mexico Environmental Law Center won its “Quiet Inspiration Award!“
Congratulations to the other great nonprofits who won this year!
New Uranium Mining in New Mexico
After a dark legacy of radioactive contamination, plans to re-open uranium mines near sacred Native American lands raise fears for the environment and human health.
Video from Assignment Earth.
Complete Video of ENDAUM and the NMELC Press Conference in Washington DC
Learn more about the Hydro Resources, Inc. uranium mines case.
Excerpt from Press Conference Held By Eastern Navajo Diné Against Uranium Mining and the NMELC
Learn more about the Hydro Resources, Inc. uranium mines case.
Navajo Community Files Petition with Inter-American Commission on Human Rights
Staff Attorney Eric Jantz speaks on the importance of this filing for NMELC’s clients and the future of uranium mining.
NMELC’s Reply to Augustin Plain Ranch’s Response re Motion to Dismiss
Today, Staff Attorney Bruce Frederick sent another legal shot over the bow of Augustin Plains Ranch. In February, Frederick submitted a Motion to Dismiss the Ranch’s application to appropriate more than 17 billion gallons (54,000 acre-feet) of groundwater annually near Datil, NM. His filing today is in response to the Ranch’s response to that Motion.
“The Ranch’s speculative application flies in the face of 150 years of Western water law,” says Frederick. “Its response to our Motion to Dismiss does absolutely nothing to change that.”
Learn more about the Augustin Plains Ranch water rights application case.
Press Conference Held By Eastern Navajo Diné Against Uranium Mining and the NMELC
A press conference will be held following the filing with the Inter-American Commission on Human Rights asking them to intervene with the United States to stop uranium mining within the Navajo Nation.
Get PDF of Press Invite.
WHAT: Press Conference Held By Eastern Navajo Diné Against Uranium Mining and the New Mexico Environmental Law Center
WHERE: The National Press Club, 529 14th St. NW, Washington, D.C.
WHEN: Monday, May 16, 8:30 a.m.
RSVP: Onsite and remote attendance is by RSVP only. To confirm your attendance or to access this session remotely, please contact:
Jennifer B. Marshall,
The Marshall Plan
505-231-1776,
The press conference is key in the aftermath of the Japan reactor accident and crisis. Items addressed at the conference include: