NM Environmental Law Center

DOCKET OF ACTIVE CASES 2007
Cases are arranged alphabetically, with the exception of affiliated case groupings.

Case	Location	Client(s) /Partners	NMELC Attorney(s)	Status	Issue(s)

Chaparral landfill	Chaparral, Otero and Doña Ana Counties	Colonias Development Council	Douglas Meiklejohn	On-going NM Supreme Court ruled in 2005 that NMED must evaluate public input during permitting process; public hearing reopened in 2007.	Mexican-American community working to prevent the siting of another landfill in their town. NM Supreme Court decision (7/05) can be found here.
Clodbuster humate mine	Cuba, NM	NMELC	Roderick Ventura	On-going, pending action by NM Mining and Minerals Division	Work to get abandoned humate mine reclaimed.
Grant County mine closure plans (Chino and Tyrone mines)	Silver City/ Grant County	Gila Resources Information Project	Sarah Piltch/Eric Jantz	On-going	Ensure future remediation and bonding of Phelps Dodge mines in Grant County.
Helena Chemical air pollution and water contamination	Mesquite, Dona Ana County	Mesquite Community Action Committee	Sarah Piltch	On-going. Fine and permit imposed in 2005.	Represent Mexican-American residents against the Helena Chemical fertilizer plant. Working with the community to monitor the company.
Hydro Resources, Inc. uranium mines	Church Rock, Crownpoint	Eastern Diné Against Uranium Mining (ENDAUM) and the Southwest Research and Information Center	Eric Jantz /Sarah Piltch	On-going. Nuclear Regulatory Commission validated HRI's license in 2006. Federal appeal filed in February, 2007.	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. Find NRC final ruling (12/06) here. Find our federal appeal (2/07) here.
Navajo Nation uranium mining ban	Navajo Indian Country	ENDAUM	Eric Jantz	Ban passed April 2005.	Worked with ENDAUM to pass a ban on uranium mining and processing in Navajo Indian Country.
Navajo Nation Safe Drinking Water Act jurisdiction	Navajo Indian Country	ENDAUM	Eric Jantz	Completed. EPA ruled that Church Rock falls under federal jurisdiction.	Argued to U.S. EPA that Church Rock falls under federal jurisdiction. If upheld, Navajo uranium ban should apply.
New Mexico uranium groundwater standards	State-wide	ENDAUM-CCT and SRIC	Eric Jantz	Completed. Standard lowered to 30 in 2004. Defeated industry appeal in 2006.	Lower state groundwater standards for uranium from 5,000 micrograms/liter (µ/L) to 7 µ/L. This issue may impact the HRI case.
Los Alamos National Laboratory Open Burning Permit	Los Alamos	TEWA Women United, Embudo Valley Environmental Monitoring Group, Concerned Citizens for Nuclear Safety	Douglas Meiklejohn	Completed. LANL cancelled permits in 2006.	Worked to rescind open burning/open detonation permits for toxins such as depleted uranium, diesel fuel and explosives, issued to the Laboratory.
Los Alamos National Laboratory Radioactive Liquid Waste Treatment Facility Discharge Permit	Los Alamos	Amgios Bravos	Douglas Meiklejohn	On-going	Representing client in state proceedings concerning Discharge Permit 1132 for the Radioactive Liquid Waste Treatment Facility
Molycorp molybdenum mine	Questa (Taos Co.)	Amigos Bravos	Sarah Piltch/Eric Jantz	On-going	Remediation of Molycorp's molybdenum mine for the protection of the town of Questa from massive rockslides and contaminated surface and ground water.
New Mexico Oil and Gas Pit Regulation change	Statewide	Oil and Gas Accountability Project	Eric Jantz	On-going	Advocate for language that would allow for the improved regulation of discharges from oil and gas wells.
New Mexico Solid Waste Regulations	Statewide	SouthWest Organizing Project	Douglas Meiklejohn	Completed. Regulations amended in 2006, with protections for vulnerable communities.	Advocated for the inclusion of amendments which would protect low-income and minority communities. NMED must ensure that a new solid waste facility would not cause a vulnerable community from hosting a disproportionate number of polluting facilities.
Picuris Pueblo mica mine reclamation	Picuris Pueblo, Taos County	Picuris Pueblo	Sarah Piltch	On-going	Represent Pueblo in regulatory proceedings concerning mine reclamation following the return of the Pueblo 's sacred lands in 2005.
Picuris Pueblo mica mine aboriginal title claim	Picuris Pueblo, Taos County	Picuris Pueblo	Roderick Ventura	Completed. Pueblo settled with former operator in 2006.	Represented Picuris Pueblo in an aboriginal title claim for damages against the former operator of the mica mine.
Ortiz Mountains gold mine reclamation	Santa Fe County	Friends of Santa Fe County	Sarah Piltch/Eric Jantz	On-going	Remediation of LAC gold mine in Ortiz Mountains .
Paseo del Norte expansion	west side of Albuquerque	1000 Friends of New Mexico , SAGE Council	Roderick Ventura /Sarah Piltch	Completed. City of Albuquerque won its effort to expand the road in 2006.	Opposed a proposed sprawl-inducing road that threatens the Petroglyph Nat'l Monument, a site sacred to indigenous populations.
PE Enterprises asphalt crusher permit	South Valley of Albuquerque	Mountainview Neighborhood Association, South Valley Coalition of Neighborhood Associations	Sarah Piltch	On-going	Prevent the resumption of asphalt crushing adjacent to homes in the South Valley of Albuquerque.
Southwest Landfill expansion	South Valley of Albuquerque	South Valley Coalition of Neighborhood Associations, Isleta Pueblo, and SouthWest Organizing Project	Douglas Meiklejohn	On-going	Stop proposed expansion of landfill located in the primarily low-income, Hispanic South Valley neighborhood of Albuquerque .
Surface Owners' Protection Act	Statewide	Oil and Gas Accountability Project	Eric Jantz	Completed. Law passed 2007.	Worked to get law passed that would protect landowners with surface rights from damage caused by oil and gas drilling.
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.
Top of the World Farms water rights transfer	Santa Fe County	New Mexico Acequia Association, two acequias, and seven individuals	Sarah Piltch	On-going	Prevent a water rights transfer to Santa Fe County from Top of the World Farms in order to protect the water rights of traditional acequia-based communities.
Vulcan concrete batch plant	South Valley of Albuquerque	Mountainview Neighborhood Association, South Valley Coalition of Neighborhood Associations	Sarah Piltch	On-going	Prevent the siting of a concrete batch plant adjacent to the Mountainview community center.
Walker v. US grazing permit	Grant County	New Mexico Wildlife Federation, NM Chapter of Trout Unlimited, and National Wildlife Federation	Eric Jantz	On-going	Amicus brief filed in support of the United States to prevent ranchers from claiming financial damages from the federal government when their grazing permits were revoked due to damage caused to the Gila National Forest by the plaintiffs' cattle.