Supreme Court Denies Community Intervention in Air Quality Permit Appeal
SANTA FE, N.M.— Today, the New Mexico Environmental Law Center (NMELC) and its client, the Mesquite Community Action Committee (MCAC) suffered a defeat in the New Mexico Supreme Court when the Court denied the MCAC, leave to intervene in Helena Chemical’s appeal of its state required air quality permit.
“We are disappointed with the decision of the Court,” said Jonathan Block, NMELC Staff Attorney. “The people of Mesquite should have a voice in a proceeding that will determine whether a permit is in place to prevent the emission of polluted air from the Helena Chemical plant.”
The Supreme Court announced it would deny MCAC’s petition because the group does not have the right to be a party on appeal, and the Court of Appeals can use its discretion to determine whether MCAC can participate in the appeal.
“Our client is trying to participate in the appeal in order to insure that its members are able to breathe clean air,” said Block. “The MCAC and we will continue to work to prevent Helena Chemical from creating pollution in the community.”
Background:
In 2005, MCAC, the New Mexico Environment Department, and Helena Chemical entered into an agreement that provided for the issuance of an air quality permit for the plant. Helena requested that the Department rescind the permit, but the Department refused. Helena then appealed to the New Mexico Environmental Improvement Board, but the Board too refused to rescind the permit. Helena then took its appeal to the Court of Appeals where the MCAC filed for intervention. The Court of Appeals denied the intervention motion.
INTERVIEWS AND IMAGES ARE AVAILABLE UPON REQUEST
Contacts:
Juana Colon
New Mexico Environmental Law Center
505-989-9022
###