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 orange RSS icon on the right side of the navigation bar, above.
ALBUQUERQUE, N.M. – Oral arguments will be held tomorrow in the Aquifer Science water grab case. Residents are challenging developers’ attempts to resuscitate a failed water appropriation in a thinly veiled water speculation attempt. This case is an appeal of the 2014 decision by the Office of the State Engineer (OSE) denying Aquifer Science’s application for 717 acre-feet of water/year (afy) for a purported luxury development in the East Mountains.
Tuesday, June 13 at 1:30
Courtroom of Judge C. Shannon Bacon
2nd Judicial District, 400 Lomas Blvd, Albuquerque
*Cellphones not allowed in the courthouse
“It’s about time someone in a position of power called out the Commissioners like De La Cruz who disrespect us, mislead us, and step over us on behalf of the developers.” Roberto Roibal, SWOP
ALBUQUERQUE, N.M. – Today, the Honorable Judge Nancy Franchini of the New Mexico Second Judicial District Court, ruled that the Bernalillo County Commission did not grant community advocates a fair hearing when it approved the “Zone Map Amendment” (ZMA) for the proposed Santolina mega-development. The decision hinged on a pro-Santolina Op-Ed in the Albuquerque Journal that was penned by former Commissioner Art De La Cruz before a public hearing was held on the proposed development. Commissioner De La Cruz voted in the majority in a 3-2 vote to approve the ZMA and Level A Master Plan on June 16, 2015.
SANTA FE, N.M. – Residents of the communities in the East Mountains of Albuquerque, NM, have asked a judge to compel disclosure of the attorneys’ fees and costs of Aquifer Science, LLC, a wholly owned subsidiary of water development company PICO Holdings, Inc. (NASDAQ: PICO) that seeks to obtain water rights in the East Mountains.
The non-profit New Mexico Environmental Law Center (NMELC) filed the motion for its clients—Deep Well Protest, San Pedro Creek Estates, and North 14—asserting that the fees and costs highlight the fact that PICO and its shell companies Vidler New Mexico and Campbell Farming Corporation (the owners of Aquifer Science) are merely water speculators with no real plan to put the water to beneficial use.
“Water is life, especially here in the high desert country, and allowing water speculators to grab our precious resources is something we all must work hard to prevent.” Jonathan Block, NMELC
SANTA FE, N.M. – Residents of the communities in the East Mountains of Albuquerque, NM, have asked a judge to throw out an appeal filed by Aquifer Science, LLC, a wholly owned subsidiary of water development company PICO Holdings, Inc. (NASDAQ: PICO) that seeks to obtain water rights in the East Mountains.
A motion for summary judgment filed by the non-profit New Mexico Environmental Law Center (NMELC) for its clients—Deep Well Protest, San Pedro Creek Estates, and North 14—asserts that the application should be thrown out on the grounds that PICO and its shell companies Vidler New Mexico and Campbell Farming Corporation (the owners of Aquifer Science) are merely water speculators with no real a plan to put the water to beneficial use.
…should the Air Quality Act be interpreted in order to protect the people who live around these facilities or should the act be interpreted as a way to issue air pollution permits as quickly as possible?” Eric Jantz, Staff Attorney
ALBUQUERQUE, N.M. – Yesterday, the Albuquerque Bernalillo County Air Quality Board unanimously voted to deny an appeal of an air pollution permit issued to Honstein Oil & Distributing, LLC. The Honstein facility is located near homes in the San Jose neighborhood in the South Valley of Albuquerque and holds a 6,000 gallon gasoline storage tank. The facility is one of many polluting facilities found in the South Valley, a community recognized by the US EPA as an “Environmental Justice community”.
The appeal was brought by the public-interest law firm New Mexico Environmental Law Center (NMELC) for Southwest Organizing Project (SWOP) and San Jose residents Esther and Steven Abeyta. The appeal stated the Air Quality Board had failed to assess actual, cumulative air pollution impacts upon the people who live in San Jose neighborhood when it granted the air pollution permit. It also failed to uphold its mandate under the New Mexico Air Quality Control Act to “prevent or abate air pollution.”
GRANTS, N.M. — On behalf of two community groups, the New Mexico Environmental Law Center submitted a notice of intent to sue today to the McKinley County Commission identifying a possible Open Meetings Act Violation related to a meeting held in January 2017. Groups signing onto the letter include Red Water Pond Road and Eastern Navajo Dine Against Uranium Mining. The letter outlines that the county failed to give proper notice about the meeting to the public, and didn’t publish the agenda in advance of the meeting.
Former Environment Department Secretary Ryan Flynn becomes the first person to be twice awarded the Toxic Turkey
SANTA FE, N.M. — Two New Mexicans were honored by the New Mexico Environmental Law Center on Sunday for their extraordinary contributions to protecting New Mexico’s water; a third was named the first two-time recipient of the Toxic Turkey.
Beginning in 1992, NMELC has recognized people who make incredible contributions to protect New Mexico communities from becoming pollution dumping grounds.
The annual Toxic Turkey is given to draw attention to the actions of a person, agency or company whose actions have endangered New Mexico’s environment. This is the second win for former Environment Department Secretary Ryan Flynn.
On November 17th, the Con Alma Health Foundation will recognize Douglas Meiklejohn, Executive Director and Founder of the Law Center, as one of its two “Heroes of Health” in 2016.
Doug is humbled by the award, noting that, “This award is special because it recognizes that the health and wellbeing of all New Mexicans depend on equal access to clean air, water and land.”
Under his direction, NMELC has advocated for communities and the environment on hundreds of issues, demonstrating through its many successes that communities can band together to fight polluters and greatly reduce the health threats they pose.
“As communities throughout the state are confronted by the critical impacts of long-term drought, it is irresponsible to allow mining companies to pollute groundwater that is needed by everyone.”
Allyson Siwik, GRIP Executive Director.
SANTA FE, N.M. — In a case that will set precedent for how the State of New Mexico protects water at industrial sites, the state Supreme Court has scheduled oral arguments in the “Copper Rule” case for September 28, 2016.
The Copper Rule is a regulation adopted by the New Mexico Water Quality Control Commission (WQCC) to regulate groundwater contamination by the copper mining industry. It is the first regulation since the state’s adoption of its Water Quality Act in 1967 that allows an entire industry to intentionally pollute groundwater. The Copper Rule was largely written by mining giant Freeport McMoRan, and adopted in October 2013.
The state’s high court has been asked to set aside the Rule and require the WQCC to adopt a regulation that protects groundwater quality from copper mine contamination.
“...the people who are going to be affected are watching, and asking, ‘when will one of these institutions protect us?’”
Roberto Roibal, Southwest Organizing Project
ALBUQUERQUE, N.M. — Today, parties were notified that state District Court Judge Nancy Franchini ruled against Santolina developer Western Albuquerque Land Holdings (WALH) in its effort to shut down an appeal by three public-interest groups. The judge’s decision allows the public-interest groups and individuals to pursue their appeal of the Level A Master Plan and zoning change for the proposed mega-development.
The SouthWest Organizing Project (SWOP), Pajarito Village Association and New Mexico Health Equity Working Group appealed the decision to the Second District Court of New Mexico last year. The groups are represented by the non-profit New Mexico Environmental Law Center (NMELC).
“...the Oil Conservation Commission forgot who they worked for. It isn’t the oil and gas industry.” Bruce Baizel, Executive Director, Earthworks’ OGAP
SANTA FE, NM — Yesterday, groups working to protect New Mexico’s water resources and wildlife asked the state Supreme Court to review the Martinez Administration’s “Pit Rule”. The Rule governs the storage and disposal of wastes at oil and gas drilling pits in New Mexico.
The petition for a writ of certiorari was filed by the New Mexico Environmental Law Center (NMELC) on behalf of Earthworks’ Oil and Gas Accountability Project and the New Mexico Wilderness Alliance. The public interest groups have been working on the issue since before the Pit Rule was first adopted in 2008, after a lengthy public process. The petition asks the state’s highest court to review a decision handed down by the state Court of Appeals in February upholding the amended Pit Rule. See Pit Rule Fact Sheet.
Today, the NMELC and other groups petitioned the U.S. EPA to stop allowing industries to dump their hazardous waste in our country’s groundwater.
One reason why this petition is important to New Mexico:
NMELC’s client, the Eastern Navajo Diné Against Uranium Mining (ENDAUM), has been fighting for years to get an aquifer exemption overturned. The EPA granted the exemption for uranium mining in an aquifer near Church Rock shortly before the aquifer was deemed by the Navajo Nation as “a promising source of drinking water in the future due to its high quality”. See NRDC press release.
“We live everyday with environmental legacy from past uranium mining. The termination of this permit means we won’t face new mining anytime soon.”
Larry J. King, ENDAUM
SANTA FE, NM — A state groundwater discharge permit for a controversial uranium mine proposed near Church Rock, NM has been officially terminated. Mining cannot begin at the site without a valid permit.
DP-558, originally issued in 1989, allowed Hydro Resources, Inc. (now Uranium Resources, Inc.) to discharge contaminated water into the aquifer as part of its mining operation. The permit expired in 1996. Although the New Mexico Environment Department (NMED) received a renewal application from Hydro Resources in 1996, the agency did not act on the application until the summer of 2015 – 19 years after the company submitted its renewal application.
“When Respondents demand that the Court pay deference to the Commission, they are actually demanding that the Court pay deference to Freeport McMoRan.”
With your support, we filed our Reply Brief in the Copper Rule challenge before the state Supreme Court on March 7th. It’s one of our last steps before the state’s high court hands down a ruling in a case that could decide how groundwater is protected – or sacrificed – at industrial sites in New Mexico for years to come.
Mt. Taylor Mine Hearing Set for Friday, December 4th
On December 4, the New Mexico Mining and Minerals Division will hold a public hearing to seek input about whether Rio Grande Resources’ (RGR) Mt. Taylor Uranium Mine can move from standby to active status. The Mt. Taylor Mine near the village of San Mateo has been inactive and polluting the surrounding environment for the last 25 years.
On Thursday, December 3, RGR attorneys sent a pre-hearing statement to various parties to the hearing including NM Mining and Minerals Division, NM Attorney General’s Office, the Multicultural Alliance for a Safe Environment (MASE) and Amigos Bravos, attempting to limit public comment on RGR’s request to restart the Mt Taylor Mine.