NEW MEXICO ENVIRONMENTAL LAW CENTER — CURRENT CASE DOCKET
Printed: Thursday, March 30, 2017

Case Location Client(s) /Partners NMELC Attorney(s) Status Issue(s)
LANL Discharge Permit 1793 Public Hearing Los Alamos CCNS, Citizens for Clean Water Jaimie Park On-going Challenge decision by NMED to deny a public hearing during its consideration of DP-1793, which includes open spraying of wastewater (with constituents above standards) at LANL.
LANL Cleanup Failure Challenge Los Alamos National Lab Nuclear Watch Jon Block On-going Representing our client as it challenges the failure of Los Alamos National Laboratory to clean up toxic and radioactive waste as required by a “Consent Order” to which it agreed in 2005.
Sunport Proposed Highway Expansion South Valley of Albuquerque SouthWest Organizing Project (SWOP) and individuals Jon Block On-going
Honstein Fuel Depot Albuquerque, NM SouthWest Organizing Project Eric Jantz On-going Our clients in this case are challenging the Albuquerque-Bernalillo County Joint Air Quality Control Board's method of permitting a 6,000 gallon gasoline storage tank located near homes in the San Jose neighborhood.
Santolina Proposed Development Albuquerque, NM SouthWest Organizing Project, New Mexico Health Equity Working Group, Pajarito Village Association Douglas Meiklejohn, Jaimie Park On-going The Law Center represents community groups in their effort to prevent approval for a 90,000+ person planned development proposed for the west side of Albuquerque.
Title VI Complaint over air quality in Albuquerque, Bernalillo County Albuquerque and Bernalillo County Eric Jantz On-going The NMELC filed a complaint with the Civil Rights Office of the U.S. Environmental Protection Agency asserting violations by the Albuquerque-Bernalillo County Joint Air Quality Control Board under Title VI of the Civil Rights Act of 1964 for its pattern of permitting air polluting facilities in vulnerable communities.
Mora County Oil and Gas Fracking Ban Mora County Mora County Board of Commissioners Eric Jantz CLOSED Defend Mora County against legal challenges to the Mora County Community Water Rights and Local Self-Government Law, the first county level ordinance to ban all oil and gas drilling using hydraulic fracturing. The ban was adopted on April 29, 2013.
McKinley County Moratorium on Uranium Mining McKinley County, NM Eastern Navajo Dine Against Uranium Mining (ENDAUM), Red Water Pond Road Community Association Eric Jantz On-going Help develop and advocate for a moratorium on new uranium mining in McKinley County.
Humate Mining Regulation Amendment Northwest New Mexico Amigos Bravos Douglas Meiklejohn On-going Advocate for client who opposes a petition to weaken the New Mexico Mining Act Rules. The change, sought by a mining company, is to classify all humate mines under 60 acres as "minimal impact" mines. Currently, the Mining Act considers mines over ten acres "non-minimal impact" and requires them to comply with comprehensive monitoring and environmental regulations.
Comment on US EPA Environmental Justice Plan National NMELC Douglas Meiklejohn On-going To comment on US EPA environmental justice plan for implementing Title VI of the 1964 Civil Rights Act
Buckman Recreation Area Rio Grande, Santa Fe County Concerned Citizens for Nuclear Safety Jonathan Block CLOSED Oppose the development of a Buckman corridor recreation area unless there is a clear demonstration that LANL legacy plutonium contamination in that area is no longer a health and safety issue.
La Sal Uranium Mine Complex Moab, UT Uranium Watch Eric Jantz On-going Represent group in NEPA process for the La Sal Mines Complex.
New Mexico Copper Mine Groundwater Regulations Statewide Gila Resources Information Project (GRIP), Amigos Bravos, Turner Ranch Properties, L.P. Douglas Meiklejohn, Jaimie Park On-going Advocate for environmental protections to be included in New Mexico's copper mine groundwater regulations.
New Mexico Oil and Gas Hydraulic Fracturing (“Fracking”) Disclosure Regulation Statewide Earthworks' Oil & Gas Accountability Project (OGAP) Douglas Meiklejohn CLOSED: The Oil Conservation Commission adopted industry proposed regulations with only minor changes. NMELC will advocate that environmental and landowner protections be included in oil and gas industry-sponsored regulations for disclosure of fracking fluids. The proposed regulations require drilling companies to report some of their fracking fluids within 45 days after they inject the chemicals underground to facilitate natural gas extraction.
Mariano Lake Uranium Mine Superfund Site Mariano Lake (Eastern Agency) Mariano Lake citizens Eric Jantz On-going Help a grassroots group in Mariano Lake Chapter to participate in the U.S. EPA process for designating the Mariano Lake abandoned uranium mine as a Superfund site.
Rio Pueblo de Taos Contamination Taos Pueblo Taos Pueblo Douglas Meiklejohn On-going Represent Taos Pueblo in negotiations with U.S. EPA concerning contamination of Rio Pueblo de Taos by the Town of Taos' wastewater treatment plant.
NM Construction Industries Commission Repeal of Energy Efficient Building Codes Statewide Sundancer Creations Custom Builders, Environment New Mexico, e-Solved, Inc., and several individuals Douglas Meiklejohn On-going Appealing the repeal of three building codes and amendment of a fourth by the New Mexico Construction Industries Commission. The codes included the Energy Conservation Code adopted in 2010, would have required new construction to be 20% more energy efficient than was required previously.
New Mexico Mining Act Regulation Amendments Statewide NMELC Douglas Meiklejohn On-going Participate in Mining and Mineral Division's proceedings to amend Mining Act regulations.
Helena Chemical's air quality permit appeal Mesquite, NM Mesquite Community Action Committee Jonathan Block CLOSED - Our clients were denied participation in the appeal. Represent clients in appellate court, where the Helena Chemical is appealing its need to have an air quality permit.
Copper Flat Mine Sierra County Turner Ranch Properties, L.P. (Ladder Ranch) Jaimie Park On-going Evaluate potential impacts to environment from proposed reopening of Copper Flat mine and participate in permitting processes.
Los Alamos National Security LLC Hazardous Waste Appeal Los Alamos Concerned Citizens for Nuclear Safety (CCNS) Jonathan Block On-going The Department of Energy (DOE) and Los Alamos National Security LLC (LANS) assert that the State issued permit violates federal law.
Aquifer Science LLC Water Rights Application East Mountains of Albuquerque individuals Jon Block On-going Aquifer Science LLC seeks to pump 1,500 acre-feet of water annually from the Sandia Underground Water Basin in Bernalillo County, NM. The NMELC represents individuals who are concerned about the impacts of the proposed pumping on their water rights, public welfare and conservation of water.
Uranium Mine Radon Emissions Standards National Uranium Watch Eric Jantz On-going Advocate that the U.S. EPA revisit its radon emissions standards for uranium mines under Section 112 of the Clean Air Act ("Sub-part B"), and make the standard more strict.
Cannon AFB Training Flights Northern New Mexico Taos Pueblo Douglas Meiklejohn On-going Oppose Air Force training missions over Taos Pueblo and areas important to Taos Pueblo.
Change Uranium from a Locatable to a Leasable Mineral National Earthworks and others Eric Jantz On-going Change the definition of uranium to a "leasable" mineral from a "locatable" mineral in order to give federal government discretion over whether to permit mining on federal lands.
Moore Ranch ISL Mine (proposed) Wyoming (east) Southwest Research and Information Center (SRIC) Eric Jantz On-going Comment on Supplemental Environmental Impact Statement (SEIS) issued by Nuclear Regulatory Commission (NRC) for Moore Ranch. SEIS utilizes the Generic Environmental Impact Statement (GEIS).
Roca Honda MMD Mining Permit Mt. Taylor Eric Jantz On-going Participate in first application to Mining and Minerals Division (MMD) for conventional uranium mining permit under NM Mining Act.
Knowles Community Groundwater Case Knowles near Hobbs individuals Jonathan Block CLOSED - Settlement reached which requires that the dairy operations irrigation water be metered with quarterly reporting of water use. Represent clients in proceeding where dairies are drawing down local water supplies.
New Mexico Dairy Discharge Regulations Statewide Amigos Bravos, Caballo Concerned Citizens, Citizens for Dairy Reform, Food and Water Watch, Sierra Club Rio Grande Chapter Jonathan Block CLOSED - New protective discharge regulations adopted on May 12, 2015 Represent clients at an New Mexico Environment Department (NMED) hearing to advocate for strong discharge standards for dairies.
Roca Honda discharge permit Mt. Taylor Multicultural Alliance for a Safe Environment (MASE) Eric Jantz On-going Participate in New Mexico Environment Department (NMED) proceeding concerning discharge permit for Roca Honda uranium mine.
Roca Honda USFS Plan of Operations/ NEPA Process Mt. Taylor Multicultural Alliance for a Safe Environment (MASE) Eric Jantz On-going Participate in United State's Forest Service's (USFS) proceeding concerning consideration of Strathmore's Plan of Operations for Roca Honda mine.
Mount Taylor Standby Permit Mt. Taylor region, near Grants, NM Amigos Bravos and Multicultural Alliance for a Safe Environment (MASE) Eric Jantz, Jaimie Park On-going Represent our clients who challenge Rio Grande Resources' renewal application for a fourth standby permit for the inactive Mt. Taylor Mine. If granted, the permit allows the mine operator to let the mine remain inactive without having to do any reclamation (clean up).
Rio Bonito Water Rights Case - Capitan/ Ruidoso Water Transfer Rio Bonito Valley (Lincoln County) Rio Bonito Preserve Jon Block CLOSED - Application was withdrawn Prevent Capitan from speculative lease of water to Ruidoso, to detriment of acequia farmers in valley and surface flows of Rio Bonito.
Taos municipal airport expansion Taos Taos Pueblo Douglas Meiklejohn On-going Prevent expansion of the Taos airport so as to protect Taos Pueblo from noise and privacy invasion.
Augustin Plains Ranch water rights application Catron County near Datil Gila Conservation Coalition, ranchers Douglas Meiklejohn, Jaimie Park On-going Prevent the State from granting a 54,000 acre-foot water rights application for speculative purposes.
Nuclear Regulatory Commission (NRC) ISL GEIS Western US SRIC and ENDAUM Eric Jantz On-going NRC is proposed to conduct a General Environmental Impact Statement (GEIS) for all in situ leach (ISL) uranium mining.
New Mexico Oil and Gas Pit Regulation Change Statewide Oil and Gas Accountability Project (OGAP) Eric Jantz COMPLETED - Stringent regulations adopted June 2008. Advocate for language that would allow for the improved regulation of discharges from oil and gas wells.
Hydro Resources, Inc. uranium mines Church Rock, Crownpoint Eastern Navajo Diné Against Uranium Mining (ENDAUM) and the Southwest Research and Information Center (SRIC) Eric Jantz On-going Appearing in proceedings before the Nuclear Regulatory Commission to stop the operation of an in-situ leach uranium mining operation that will contaminate the sole drinking water source for 15,000 Navajo citizens. Federal appeal of license filed in February, 2007.
BER Beryllium Mine Monticello (near Truth or Consequences) Monticello Ditch Association Jonathan Block On-going Prevent the siting of a beryllium mine that would threaten springs and an acequia.
Chaparral Landfill Chaparral, Otero and Doña Ana Counties Colonias Development Council Douglas Meiklejohn On-going Mexican-American community working to prevent the siting of another landfill in their town.
Los Alamos National Laboratory Radioactive Liquid Waste Treatment Facility Discharge Permit Los Alamos Amigos Bravos Jonathan Block On-going Representing client in state proceedings concerning Discharge Permit 1132 for the Radioactive Liquid Waste Treatment Facility.
Ortiz Mountains gold mine reclamation Santa Fe County Friends of Santa Fe County Douglas Meiklejohn On-going Remediation of LAC gold mine in Ortiz Mountains.