NEWS - Press Releases
This is the archive of the latest press releases from the New Mexico Environmental Law Center. Feel free to redistribute. We have an RSS feed for keeping up to date on NMELC's work. Sign up by clicking the RSS FEED button at the bottom of our navigation menu on the left.
NMELC Questions Oil Conservation Commission Members Bias
Commission Set to Hear Petition to Amend Pit Rule
SANTA FE, NM - On Tuesday, the New Mexico Environmental Law Center (NMELC) filed a Motion to Recuse on behalf of its client, Earthworks’ Oil & Gas Accountability Project (OGAP) in New Mexico’s new oil and gas “Pit Rule” hearing. The motion asks for one member of the New Mexico Oil and Gas Commission to withdraw from the decision-making process, and for another to disclose her previous dealings with the oil and gas industry. The motion is based on public documents indicating that some Commission members may have already made up their minds to remove most of the substantive environmental protections found in New Mexico’s Pit Rule.
EPA May Throw Wrench in Plans to Build Highly-Contested Uranium Mine
SANTA FE, N.M.— The New Mexico Environmental Law Center (NMELC) and Eastern Navajo Diné Against Uranium Mining (ENDAUM) are urging the U. S. Environmental Protection Agency (EPA) to revoke an ill-advised permit they gave to uranium mining company, Hydro Resources, Inc. 23 years ago. After ENDAUM and NMELC brought deficiencies in the permit application to EPA’s attention, the EPA took the unprecedented step of revisiting its decision to grant the permit.
“The permit is an ‘aquifer exemption,’ which allows Hydro Resources to conduct uranium mining in a groundwater aquifer under the community of Church Rock, NM,” says Eric Jantz, NMELC Staff Attorney and lead counsel on the case. “The type of uranium mining it is proposing would contaminate potable water with radiation and heavy metals, making it unfit for consumption forever. The EPA has both the legal authority and moral obligation to revoke the aquifer exemption.”
NM State Engineer Denies Application for Water Grab
SANTA FE, N.M.— The water rights application filed by a New York based corporation, seeking to “appropriate” 54,000 acre-feet of groundwater per year from the San Augustin basin in Catron County was thrown out last Friday by the New Mexico State Engineer. (See OSE order)
Bruce Frederick of the New Mexico Environmental Law Center filed a motion to dismiss the application on behalf of about 80 parties in the case. Frederick says he and his clients were very pleased with the decision. “The State Engineer’s decision confirmed what most objective water lawyers already knew — you can’t take the public’s water,” says Frederick, “unless you have a concrete beneficial use in mind. In this case, the applicant just wanted to hoard the water until its value increased enough to justify selling the water or the entire project on the open market. This is commonly how ore deposits like gold, copper and silver come to market, but under our Constitution, water belongs to the public and cannot be hoarded or exploited like a mineral resource.”
Learn more about the case.
EIB Puts Politics Before Public, Kills State Carbon Pollution Cap
SANTA FE, N.M.— Once again, the Environmental Improvement Board (EIB) voted today to choose politics before public health when it repealed the carbon cap law (Rule 100). In their one-sided deliberations the board members, citing industry evidence exclusively, concluded that the science of climate change is unsettled and that Rule 100 would be too burdensome on the New Mexico economy.
“The evidence and the law do not support EIB’s decision,” says Bruce Frederick, New Mexico Environmental Law Center (NMELC) Staff Attorney, “but its decision is no surprise. The EIB, PNM, other utility, and oil and gas interests had previously met in private and decided to institute a new proceeding before EIB to repeal the Rule rather than let an impartial court decide the issues.”
Frederick stated that appeals are likely because the procedure EIB followed was unlawful and unfair.
Court Stops Industry’s and Commission’s Attempt to Gut Pit Rule
SANTA FE, N.M. — On February 14th, the First Judicial District Court in Santa Fe stopped efforts by the New Mexico Oil Conservation 
Commission and the oil and gas industry, to repeal the Pit Rule. Judge Raymond Ortiz ordered the Writ of Prohibition (issued late yesterday) granting the New Mexico Environmental Law Center’s (NMELC) request that the Commission be prohibited from reconsidering the Pit Rule until all the court appeals of the rule have been resolved.
“This writ from the court not only protects New Mexico’s groundwater for the time being, but also sends a signal to the Martinez administration and industry that they must follow the same rules as the rest of us,” says Eric Jantz, Staff Attorney of the NMELC, who filed the petition for the writ on behalf of its client, Earthworks’ Oil and Gas Accountability Project (OGAP). “The oil and gas industry wanted the best of both worlds – to have an appeal in the works but on hold, and a chance to re-write the rule – and the Commission was prepared to give it to them. Thankfully, the Court stepped in and said ‘enough.’”
Environmental Improvement Board Gives Industry Everything, But It’s The Public Who Pays
SANTA FE, N.M. — As expected by proponents of the statewide carbon pollution cap and trade law (Rule 350), the Environmental Improvement Board (EIB) unanimously voted today to repeal the controversial regulation. In deliberations that lasted about three hours, EIB based its decision on the belief that Rule would be too burdensome on the New Mexico economy and that the costs outweigh the benefits.
“The hearing initiated by EIB and PNM et al. was a very expensive formality,” says Bruce Frederick, New Mexico Environmental Law Center (NMELC) Staff Attorney. “They essentially already agreed to repeal the regulations long before the hearings began. By law, EIB must be an impartial decision maker. In this case, however, it is not impartial.”
San Augustin Plains Water Grab Motions to be Heard
SANTA FE, N.M.— After four years of delays and false starts, the State Engineer is finally hearing motions to dismiss an application to take 54,000 acre-feet of groundwater annually from Catron County. The application, filed by a New York based corporation, is being protested by over 200 residents who live in and around Datil, NM – an area known as the San Augustin Plains. The residents fear that the San Augustin basin that supplies their wells with water and contributes flow to the Rio Grande and Gila River stream systems will be decimated if the application is granted. The New Mexico Environmental Law Center (NMELC) represents over 80 Protestants.
NMELC filed a motion to dismiss the application one year ago. “The application must be thrown out because it does not comply with basic New Mexico law,” said Bruce Frederick, NMELC Staff Attorney. “The corporation’s application seeks a permit to use or sell a vast amount of water for any purpose within seven New Mexico counties. Under New Mexico law, however, the corporation was required to identify exactly how and where it intends to use the water, and its failure to do so means that the State Engineer cannot consider or approve its application.”
The hearing will be held in Socorro, NM on February 7th.
NMELC Appeals Roll Back of Energy Efficient Building Codes
FOR IMMEDIATE RELEASE
Tuesday, January 24, 2012
SANTA FE, N.M.— On January 19th, the New Mexico Environmental Law Center (NMELC) filed its Brief in Chief for its clients in an appeal arguing that the New Mexico Construction Industry Commission violated numerous laws when it rolled back the Energy Efficient Building Codes adopted in 2010. The Commission did not meet requirements that give the public the right to effectively participate in the making of laws and that require decision-makers to explain their actions.
In April 2011, the Commission decided that it would consider changes proposed by the New Mexico Construction Industry Division to the New Mexico Electrical Code, the New Mexico Energy Conservation Code, the New Mexico Mechanical Code, and the New Mexico Plumbing Code. After holding simultaneous public hearings around the state and accepting public comments, the Commission accepted the proposed changes in June 2011.
How Far Will Politics Bend the Law Before it Breaks the Law?
FOR IMMEDIATE RELEASE
Friday, January 06, 2012
SANTA FE, N.M. - Today, the New Mexico Environmental Law Center (NMELC) filed closing arguments for its client, New Energy Economy (NEE), in opposition to the repeal of the carbon cap and trade rule before the Environmental Improvement Board (EIB).
NMELC argued that the EIB cannot repeal the rule (also called Rule 350) because nothing’s changed since it was adopted. The parties seeking repeal presented no new evidence, because there is none.
New Mexico EIB Receives Testimony Evaluating Public Costs of Carbon Pollution Rules’ Repeal
Measures to Reduce Carbon Pollution Will Address Threats for Public Health, Drought and Wildfires
FOR IMMEDIATE RELEASE
Thursday, November 10, 2011
SANTA FE, N.M.— New Energy Economy yesterday filed expert testimony with the New Mexico Environmental Improvement Board (EIB) that highlights growing threats posed by increasing rates of carbon pollution to New Mexico’s public health and economy.
“We’ve heard a lot from industries about the costs of reducing pollution, but they never acknowledge that their corporate profits are obtained at the expense of our health and well-being. PNM profits because it does not have to pay for the damage they cause to our health and the environment,” said Mariel Nanasi, Executive Director of New Energy Economy. “Asthma rates are rising and the historic drought and wild fires we see now have enormous costs and will continue to rise as climatic change intensifies. We must address this clear and present danger with policies to reduce carbon pollution.”
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.
NMELC Questions Impartiality of Environmental Improvement Board Members
FOR IMMEDIATE RELEASE
Thursday, September 01, 2011
SANTA FE, N.M.— Yesterday, the New Mexico Environmental Law Center (NMELC) filed motions before the New Mexico Environmental Improvement Board (EIB) calling for the recusal of board members James R. Casciano, Gregory Hugh Fulfer and Debra Peacock due to their documented opposition to the adoption of the state’s carbon reduction rules. The motions, filed on behalf of New Energy Economy, also call for the other board members to disclose their past and ongoing relationships with the petitioners and other entities regulated by the carbon reduction rules.
The Board decided to conduct hearings to repeal the rules at the request of PNM and several other utility and oil and gas groups (“petitioners”). The requests to repeal the rules were filed immediately following private discussions between the petitioners and Ms. Peacock, who chairs the Board.
“EIB’s regulations require its members to recuse themselves if there is reason to believe that they are not impartial,” says Bruce Frederick, NMELC Staff Attorney. “It’s an appearance standard and there’s good reason to believe that members Casciano, Fulfer and Peacock are not impartial. Mr. Casciano and Mr. Fulfer testified against the rules last year when they were adopted. Ms. Peacock engaged in private discussions with petitioners, which led directly to their requests to repeal the rules.”
Learn more about the New Mexico Greenhouse Gas Emission Cap case.
New Mexico Environmental Law Center Wins Piñon Award
“Epitome of behind-the-scenes dedication”
SANTA FE, N.M.— Each year, the Santa Fe Community Foundation celebrates the extraordinary work of area nonprofits with the Piñon Award – the only local award devoted exclusively to recognizing nonprofit organizations. This year, the Foundation will present one of four awards to the New Mexico Environmental Law Center (NMELC).
The “Quiet Inspiration Award” is given to an “un-sung hero” organization whose hallmark is to work quietly and respectfully among a wide range of people in the community. The winning organization has the full, long-term support of its clients and constituents, despite its unassuming presence in the community. “The Center’s nomination struck the Awards Committee as the epitome of behind-the-scenes dedication,” says Brian Byrnes, the Santa Fe Community Foundation’s President & CEO.
Mt. Taylor Uranium Mine Public Hearing Aug. 17
Santa Fe, New Mexico — The New Mexico Mining and Minerals Division has set the public hearing for Rio Grande Resources Corporation’s application to renew “Standby Status” for its Mt. Taylor Mine on Wednesday, August 17, 2011, 5 p.m. in the Cibola County Convention Center, 515 West High Street, Grants, N.M. A standby permit allows the mine operator to let the mine remain inactive without having to do any clean up. The permit lasts for 5 years.
The New Mexico Environmental Law Center and their clients, Multicultural Alliance for a Safe Environment and Amigos Bravos, will challenge Rio Grande Resources’ permit application. These groups insist that Rio Grande Resources must begin cleaning up the toxic waste sites at the mine rather than let those areas continue to pollute land and water for another five years. Multicultural Alliance for a Safe Environment and Amigos Bravos will present testimony at the hearing. The public is invited to voice their concerns as well.
Learn more about the Mount Taylor Standby Permit case.
NMELC Gains Another Victory in New Mexico Supreme Court
SANTA FE, N.M.— Today, the New Mexico Environmental Law Center (NMELC) gains another victory in New Mexico Supreme Court, when it won the right for its clients, New Energy Economy (NEE), to intervene as a full party in PNM’s appeal of the statewide carbon reduction rules.
The Supreme Court Justices announced that because New Energy Economy was named as a party in the previous proceedings with the Environmental Improvement Board (EIB), they should, by right, be granted party status in the current appeal.
Learn more about the New Mexico Greenhouse Gas Emission Cap case.