Mining and Minerals Dept. Blocks Public in Public Hearing, Groups Claim Agency Acted Illegally
FOR IMMEDIATE RELEASE
Friday, September 02, 2011
SANTA FE, N.M.— Yesterday, the New Mexico Environmental Law Center (NMELC) filed a post hearing submission regarding Rio Grande Resources’ (RGR) Mount Taylor uranium mine standby permit application. The submission demonstrates that the New Mexico Mining and Minerals Division illegally prohibited the NMELC’s clients, the Multicultural Alliance for a Safe Environment (MASE) and Amigos Bravos, from being heard at the public hearing on the standby permit.
“The hearing officer made legal mistakes and made decisions that violated the New Mexico Mining act,” says Eric Jantz, NMELC Staff Attorney. “We should have been able to submit all of this information at the public hearing and we still ought to be able to do it.”
On August 17th, at the standby permit’s public hearing in Grants, NM, Amigos Bravos and MASE attempted to present the testimony and evidence covering undisputed groundwater contamination at the mine site. They also sought to explore RGR’s willingness to conduct interim reclamation measures on the likely source of the contamination, and challenge RGR’s outdated and insufficient reclamation financial assurance. Unfortunately, the groups were silenced. Each attempt was objected by RGR’s lawyers and upheld by the Hearing Officer
Learn more about the Mount Taylor Standby Permit case.
“The Mining and Minerals Division has a lot to learn about the public’s right, under the New Mexico Mining Act, to participate in permit processes like the one for the Mt. Taylor Mine,” says Michael Jensen,
Grants & Communication Director for Amigos Bravos. “The hearing in August was the first time the public had been able to participate in this process and the Hearing Officer refused to allow important technical testimony and public comment on a wide range of issues.“
The filed submission states that the Hearing Officer’s determination that Amigos Bravos and MASE should be prohibited from presenting any evidence on the issue of groundwater contamination at the public hearing renders the Mining Act regulations which encourage public participation meaningless, and directly contradicts the mandate of the Act itself.
“In this case, MASE and Amigos Bravos were not even given the opportunity to submit data, views or arguments on the groundwater contamination at the Mt. Taylor Mine site, much less have their data, views and arguments considered,” says Jantz. “We are requesting that the record be kept open so that the community’s concerns can be fully presented.”
Yesterday was the deadline for submission of written public comments on the standby permit to the Director of the Mining and Minerals Department. The Director will then announce his decision at a later date.
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
###