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.
“This hearing will finally give our clients the opportunity to shine a bright light on the environmental racism happening here.”
Eric Jantz, NMELC Staff Attorney
ALBUQUERQUE, N.M. — Last week, the Albuquerque Air Quality Control Board rejected a motion from the Albuquerque Environmental Health Department (EHD) for summary judgment on an air permit retroactively granted to a gasoline distribution depot. The Honstein Oil Co. fuel depot had been operating in the San Jose neighborhood for decades without an air permit. EHD urged the Board to decide the community members’ appeal of the air permit in a “paper trial,” rather than allowing the community to present evidence about the health impacts of air pollution from Honstein’s operation and other air pollution sources. (visit case page)
“It sends a message to the San Jose community that their lives don’t matter as much as those in non-minority and more affluent neighborhoods.”
Eric Jantz, NMELC Staff Attorney
ALBUQUERQUE, N.M.— On Tuesday, June 30th, oral arguments will be heard before the Albuquerque Air Quality Control Board over an air permit granted to a decades old gasoline distribution depot operating in the San Jose neighborhood of Albuquerque. The Environmental Health Division (EHD) granted Honstein Oil Co.’s permit application in June 2014, without considering the cumulative impacts of air pollution sources on public health and property. The permit allows the plant to emit 2.26 tons of volatile organic compounds per year. Get Fact Sheet
“This is a great step forward because protection of our state’s groundwater resources has never been more critical.” Dan Lorimier, Sierra Club
SANTA FE, N.M.— Today, the New Mexico Water Quality Control Commission (WQCC) unanimously voted to adopt the stipulated Dairy Rule agreement without changes. The adopted Dairy Rule – a set of groundwater discharge regulations for dairy operations - is the direct result of community groups calling out the State to do a better job of regulating the state’s dairies, and the dairy operators to be better caretakers of the environment.
“If the Copper Rule stands, what’s to keep other operations like industrial dairies, uranium mines and Los Alamos National Laboratory from getting the same thing?” Douglas Meiklejohn, NMELC Executive Director
SANTA FE, N.M.— Today, the New Mexico Environmental Law Center (NMELC) filed a petition with the New Mexico Supreme Court seeking reversal of the Court of Appeals’ Opinion upholding the validity of the Copper Rule, which regulates discharges from copper mines. The petition asks the Supreme Court to take up a number of questions including: Does the Copper Rules violate the New Mexico Water Quality Act by permitting water pollution rather than preventing or abating it?
SANTA FE, NM––MARCH 5, 2015 ––A coalition of eight local, state and national organizations are calling on the U.S. Environmental Protection Agency Region 6, Water Quality Protection Division (EPA) to increase its involvement in controlling the environmental and community health impacts of New Mexico’s dairy industry. Led by Socially Responsible Agriculture Project (SRAP), the groups have submitted scientific, technical and legal comments on the EPA’s proposed federal Clean Water Act General Permit for New Mexico’s concentrated animal feeding operations (CAFOs) to encourage direct action for improving regulation of the industry. Link to the filed comments.NM_CAFO_Comments_To_EPA_3.15.pdf
Santa Fe, N.M. – On November 14, 2014, New Mexico State Engineer denied the company Aquifer Science LLC the right to pump hundreds of acre-feet of water annually from the Sandia Underground Water Basin because there is no unappropriated groundwater available in the Basin to satisfy the application. (view order)
On behalf of dozens of landowners in the area, the New Mexico Environmental Law Center (NMELC) successfully argued before the State Engineer that there was not sufficient water in the Sandia Basin to serve the new development. The company sought to acquire the water to develop a 4000 home residential community and 18-hole golf course in the East Mountains area east of Albuquerque, NM.
Santa Fe, N.M. – On October 27th, the New Mexico Environmental Law Center (NMELC) filed a petition with the New Mexico Supreme Court asking the Court to review the Court of Appeals September decision on New Mexico’s energy efficiency building codes. The Court of Appeals upheld the repeal of the codes and upheld the adoption of codes that require substantially less energy efficiency for new buildings. The Petition was filed for Environment New Mexico, Sundancer Creations Custom Builders, LLC, eSolved, Inc., Tammy Fiebelkorn, Sanders Moore, and Faren Dancer.
“In lieu of reviewing the record, the Court of Appeals merely assumed that it contained substantial evidence because it was such a ‘voluminous record’,” says Douglas Meiklejohn, NMELC Executive Director and lead counsel on the case. “I think most people understand that the presence of many pages does not necessarily equal actual substance.”
The Wild & Scenic Film Festival comes to Santa Fe!
Santa Fe, N.M. – Join the New Mexico Environmental Law Center (NMELC) when it hosts the Wild & Scenic Film Festival Tour, in its only northern New Mexico stop, at the Santa Fe Farmer’s Market Pavilion on Saturday, November 8, 2014.
“We are excited to host this entertaining event about community activism and environmental protection,” says Elizabeth Lee, NMELC Director of Philanthropy. “It will showcase a range of perspectives about how to be heard and how to make a difference. It will also celebrate the natural world and our relationship to it. The festival encapsulates the spirit of the Law Center’s work: to stand up for individuals and communities whose wellbeing is threatened by environmental degradation.”
Santa Fe, NM — Today, a retired couple from western New Mexico asked the state Supreme Court to order the State Engineer to dismiss a massive speculative water appropriation application from Augustin Plains Ranch, LLC (“APR”).
In their petition for a writ of mandamus, filed by attorney Bruce Frederick of the non-profit New Mexico Environmental Law Center, Ray and Carol Pittman state that a second application filed by APR this summer is “identical in all material respects” to the application that APR filed in 2007. The 2007 application was denied by State Engineer Scott Verhines and a District Court after five years of litigation. Just like the 2007 application, the 2014 application seeks to appropriate 54,000 acre-feet of water per year (afy), but fails to indicate exactly how or where the water will be used, as required by the state Constitution. “By keeping the intended use vague,” said Frederick, “the Ranch hopes to speculate in future water markets and ultimately sell to whoever the highest bidders may be in seven counties.” See Petition for Writ
Albuquerque, NM – Yesterday, the SouthWest Organizing Project (SWOP) filed a complaint with the U.S. Environmental Protection Agency (EPA) against the City of Albuquerque and Bernalillo County under Title VI of the U.S. Civil Rights Act of 1964. The complaint, submitted by the non-profit New Mexico Environmental Law Center, asserts that local decision-makers “have demonstrated a record of marginalizing minority communities so that they are exposed to an unequal burden of air pollution and the concomitant adverse health effects.”
As documented in the complaint, adverse health impacts linked to pollutants in the San Jose and Greater Gardner neighborhoods include asthma and shorter life spans. Mountain View, which has an elevated concentration of “volatile organic compounds” (VOCs), has “higher than expected numbers of lung, bladder, brain and thyroid cancers, as well as higher than expected numbers of leukemia compared with the rest of Bernalillo County.”
The New Mexico Environmental Law Center has submitted two reports to the United Nations’ committee overseeing the implementation of the International Convention on the Elimination of all forms of Racial Discrimination (CERD). The reports, submitted on behalf of NMELC clients Multicultural Alliance for a Safe Environment (MASE) and SouthWest Organizing Project (SWOP), describe instances in New Mexico where Federal and local governments disregarded or failed to uphold the human right to equal treatment under the law.
“There are communities here that have been waiting decades to be heard by the government agencies that are supposed to serve them,” says Eric Jantz, NMELC Staff Attorney. “Communities of color in New Mexico represent the majority of people who live in this state, yet these communities continue to be the least served when it comes to basic protection from toxic pollution.”
SANTA FE, N.M. — Today the New Mexico Environmental Law Center (NMELC) filed its Reply Brief in an appeal against the New Mexico Oil Conservation Commission’s weakening of the Pit Rule in 2013. The Pit Rule is a set of rules that were originally designed to regulate oil and gas well waste pits in order to protect public health and the environment. The NMELC, representing Earthwork’s Oil and Gas Accountability Project, asserts that the changes should be overturned on the grounds that the Commission’s action was based on no new data, and done solely to accommodate the oil and gas industry’s economic goals.
NMED and industry agree to separate meetings excluding community and environmental groups
SANTA FE, N.M.— In a move that may violate New Mexico law, the New Mexico Environment Department (NMED) plans to hold closed door meetings with dairy industry groups who have petitioned the Martinez Administration to withdraw pollution safeguards for the protection of drinking water.
Instead of following legal requirements, NMED has announced plans to hold exclusive and separate Advisory Committee meetings with the dairy industry and the Citizen Coalition - a coalition of environmental and community groups that support the current dairy rules.
SANTA FE, N.M.—The New Mexico Environmental Law Center (NMELC) is disappointed by and concerned about the May 7th ruling by two Judges of the Court of Appeals denying a stay of the Copper Mine Rule. The ruling means that copper mine companies may continue to pollute groundwater while the validity of the rule is being challenged - which can take a year or more.
Douglas Meiklejohn, Executive Director and attorney with the NMELC, stated that the Court’s ruling is just preliminary. “Contrary to the assertions of state officials, the ruling does not determine the merits of the appeal. We requested the Court to delay implementing the rule until it determined whether the rule violated state law.”
SANTA FE, N.M.— The New Mexico Environmental Law Center (NMELC) filed its Brief in Chief today in an appeal against the 2013 amendments to the Pit Rule - a rule that regulates oil and gas operation waste pits. The NMELC argues that the New Mexico Oil Conservation Commission (OCC) re-wrote the previous, more environmentally protective Pit Rule solely to increase oil and gas companies’ profits. The NMELC requests the State Court of Appeals to throw out the 2013 Pit Rule on behalf of client, Earthworks’ Oil and Gas Accountability Project (OGAP).
“The OCC heard identical testimony and evidence in the Pit Rule hearings of 2008 and 2013,” says Eric Jantz, NMELC Staff Attorney. “In 2008, the OCC adopted a Pit Rule that protected public health and groundwater resources for all of New Mexico. In 2013, the OCC removed nearly all of these protections for no other discernible reason than to maximize oil and gas corporate profits. This Commission was created to regulate the oil and gas industry and protect the environment - not protect industry profits.”