http://nmenvirolaw.org/index.php/site/index/ en jcolon@nmelc.org Copyright 2012 2012-02-03T21:30:33-07:00 http://nmenvirolaw.org/index.php/site/more/san_augustin_plains_water_grab_motions_to_be_heard/ http://nmenvirolaw.org/index.php/site/more/san_augustin_plains_water_grab_motions_to_be_heard/#When:20:30:33Z 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. Learn more about the case. Press Releases 2012-02-03T20:30:33-07:00 http://nmenvirolaw.org/index.php/site/more/nmelc_appeals_roll_back_of_energy_efficient_building_codes/ http://nmenvirolaw.org/index.php/site/more/nmelc_appeals_roll_back_of_energy_efficient_building_codes/#When:16:16:50Z 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. Press Releases 2012-01-24T16:16:50-07:00 http://nmenvirolaw.org/index.php/site/more/pit_rule_public_hearing_delayed/ http://nmenvirolaw.org/index.php/site/more/pit_rule_public_hearing_delayed/#When:23:30:55Z A weeklong public hearing aimed at revamping rules that govern how oil and gas developers handle drilling waste has been put on hold by New Mexico regulators, parties in the case said Friday. Jantz said earlier this week that the industry is taking advantage of a change in administration and that allowing the commission to settle the issue would result in “this endless cycle” of rulemakings and appeals. Gwen Lachelt with the Oil and Gas Accountability Project said the rule is based on sound science and should be preserved. “It’s a model rule,“ she said. “Since it has been in effect, it has protected the land and water and the oil and gas industry has continued to make a profit in New Mexico.“ Alomogordo Daily News Read full story. NMELC News 2012-01-16T23:30:55-07:00 http://nmenvirolaw.org/index.php/site/more/ksfr_judge_denies_further_court_action_on_oil-gas_drilling_rule/ http://nmenvirolaw.org/index.php/site/more/ksfr_judge_denies_further_court_action_on_oil-gas_drilling_rule/#When:20:29:43Z A state district judge has decided to allow New Mexico officials to proceed with hearings on whether to change a controversial rule set in place during the Richardson administration. Gov. Martinez has called for repealing the rule because it puts strict requirements on oil and gas developers on how they must install and use liners in the pits designed to catch wastes produced during the drilling process. Eric Jantz of the New Mexico Environmental Law Center says his group lost their attempt to allow further court action on the measure. Listen at KSFR.org. NMELC News 2012-01-11T20:29:43-07:00 http://nmenvirolaw.org/index.php/site/more/judge_approves_stay_in_nm_pit_rule_case_oil_and_gas_industry_wants_regulato/ http://nmenvirolaw.org/index.php/site/more/judge_approves_stay_in_nm_pit_rule_case_oil_and_gas_industry_wants_regulato/#When:14:00:25Z ALBUQUERQUE, N.M. — A state district judge on Tuesday sided with New Mexico’s oil and gas industry, putting on hold legal appeals related to efforts by the industry to revamp rules for handling drilling and production wastes. The New Mexico Oil and Gas Association had asked for the appeals process to be halted so the state Oil Conservation Commission could tackle the so-called pit rule administratively. Eric Jantz, an attorney with the New Mexico Environmental Law Center, said he was disappointed the appellate process will not be able to unfold. Instead, he said the industry is taking advantage of a change in the political climate since the pit rule was first adopted by the commission. “Groundwater and surface water is really the issue here and whether we want to sacrifice that for oil and gas profits,“ Jantz said. “If that’s the policy debate we have, then let’s have it.“ The Republic Read full story. NMELC News 2012-01-11T14:00:25-07:00 http://nmenvirolaw.org/index.php/site/more/how_far_will_politics_bend_the_law_before_it_breaks_the_law/ http://nmenvirolaw.org/index.php/site/more/how_far_will_politics_bend_the_law_before_it_breaks_the_law/#When:22:30:21Z 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. Press Releases 2012-01-06T22:30:21-07:00 http://nmenvirolaw.org/index.php/site/more/uranium_local_activists_industry_officials_clash_over_new_mining_process/ http://nmenvirolaw.org/index.php/site/more/uranium_local_activists_industry_officials_clash_over_new_mining_process/#When:18:50:23Z “Aquifer exemptions or state equivalents for ISL operations were granted without consideration of the existence of impacts from past uranium mining and milling, whether the groundwater in the aquifer to be mined was potable, and the tribal and community need for groundwater resources,“ Eric Jantz, a New Mexico Environmental Law Center attorney, wrote in a letter to EPA’s National Environmental Justice Advisory Council earlier this year. “As a result, hundreds of thousands—perhaps millions—of gallons of potable water needed by tribes and tribal communities will be forever contaminated,“ Jantz added. He asked for more research and oversight into in situ uranium extraction. EeNews.net Read full story. Learn more about the Hydro Resources, Inc. uranium mines case. NMELC News 2011-12-26T18:50:23-07:00 http://nmenvirolaw.org/index.php/site/more/water_hearing_on_augustin_plains_ranch_application_set_for_february/ http://nmenvirolaw.org/index.php/site/more/water_hearing_on_augustin_plains_ranch_application_set_for_february/#When:14:00:39Z Augustin Plains Ranch’s application asks that the water be pumped for the purpose of selling or using the water within Bernalillo, Catron, Sandoval, Santa Fe, Sierra, Socorro and Valencia counties, or sent by pipeline to the Rio Grande to supplement the supply… Protesters consolidated motions to dismiss and just two were filed before a Feb. 11 deadline. One was filed by attorneys for the New Mexico Environmental Law Center, which is representing about 80 of the protesters. Albuquerque Journal Read full story. Learn more about the Augustin Plains Ranch water rights application case. NMELC News 2011-12-20T14:00:39-07:00 http://nmenvirolaw.org/index.php/site/more/new_dairy_groundwater_discharge_regulations_have_been_adopted_in_new_mexico/ http://nmenvirolaw.org/index.php/site/more/new_dairy_groundwater_discharge_regulations_have_been_adopted_in_new_mexico/#When:21:18:30Z Staff Attorney Jonathan Block spoke to the Santa Fe Radio Cafe last week on how our groundwater will be protected thanks to these regs and the next steps that need to be taken. NMELC News 2011-12-06T21:18:30-07:00 http://nmenvirolaw.org/index.php/site/more/martinez_too_cozy_with_industry/ http://nmenvirolaw.org/index.php/site/more/martinez_too_cozy_with_industry/#When:13:00:41Z As seen in the Santa Fe New Mexican, Sunday, December 4, 2011. The Nov. 23 article, “Environment Department assesses $7M in penalties,“ states that New Mexico Environment Department officials have “grown tired of critics assuming they’re taking it easy on polluters,“ and that “environmentalists” are “still uneasy about where Gov. Susana Martinez stands on protecting air, water and other natural resources.“ As one who works with community members who feel the impact of these issues every day, I am not “assuming” anything. Moreover, I am not “uneasy.“ I am appalled. It is misleading to use the fines levied by NMED to gauge the Martinez administration’s seriousness about protecting public health and the environment. A better indicator is the carefully coordinated efforts by the administration and industry to gut our state’s environmental protections. NMELC News 2011-12-04T13:00:41-07:00 http://nmenvirolaw.org/index.php/site/more/a_citizen_activist_forces_new_mexicos_dairies_to_clean_up_their_act/ http://nmenvirolaw.org/index.php/site/more/a_citizen_activist_forces_new_mexicos_dairies_to_clean_up_their_act/#When:16:51:06Z Jon Block, the attorney who represented the citizen coalition, calls New Mexico’s rules some of the strongest in the country. “While none of this is a magic wand, from the point of what we care about, these regulations are going to slowly change the face of dairy production in this state and bring it in line with higher and higher levels of best practices.“ High Country News Read full article. Learn more about the New Mexico Dairy Discharge Regulations case. NMELC News 2011-11-28T16:51:06-07:00 http://nmenvirolaw.org/index.php/site/more/nm_regulators_approve_fracking_disclosure_rule/ http://nmenvirolaw.org/index.php/site/more/nm_regulators_approve_fracking_disclosure_rule/#When:14:18:32Z Gwen Lachelt with Earthworks’ Oil and Gas Accountability Project was disappointed with the commission’s decision. “They went through all the motions to put in place a rule that requires nothing more than what’s already required on material safety data sheets,“ she said. Farmington Daily Times Read full story. News 2011-11-18T14:18:32-07:00 http://nmenvirolaw.org/index.php/site/more/we_need_full_disclosure_of_the_chemicals_used_in_fracking/ http://nmenvirolaw.org/index.php/site/more/we_need_full_disclosure_of_the_chemicals_used_in_fracking/#When:13:46:00Z Tell the New Mexico Oil Conservation Commission (OCC) you want the full and public disclosure of chemicals used in fracking! On Thursday, November 17th, the New Mexico OCC will consider adopting a new rule requiring the oil and gas industry to disclose the fluids used in hydraulic fracturing (“fracking”) operations. Industry has proposed a very weak rule. We have proposed a rule that would make New Mexico’s disclosure one of the best in the nation. PLEASE PARTICIPATE IN THIS HEARING and URGE THE OCC TO ADOPT A STRONG RULE! WHAT: Meeting and Public Hearing before the NM Oil Conservation Commission regarding Application of the New Mexico Oil and Gas Association for amendment of part of the code concerning hydraulic fracturing. (Get PDF of Hearing Announcement) WHEN: Thursday, November 17, 2011.  9:00 a.m. to approximately 5:00 p.m. WHERE: 1220 South St. Francis Drive - Porter Hall, Wendell Chino Building, Santa Fe, New Mexico It is anticipated that public comment will be taken before lunch. Lunch breaks vary widely so plan to come early. If possible, plan to participate in the entire hearing. Continue reading and get talking points and more info… News 2011-11-14T13:46:00-07:00 http://nmenvirolaw.org/index.php/site/more/staff_attorney_eric_jantz_talks_to_santa_fe_radio_cafe_about_fracking/ http://nmenvirolaw.org/index.php/site/more/staff_attorney_eric_jantz_talks_to_santa_fe_radio_cafe_about_fracking/#When:20:00:43Z Staff Attorney Eric Jantz talks to KSFR’s Santa Fe Radio Cafe about an upcoming hearing where the New Mexico Oil Conservation Commission will consider adopting a new rule requiring the oil and gas industry to disclose the fluids used in hydraulic fracturing (“fracking”) operations. NMELC News 2011-11-11T20:00:43-07:00 http://nmenvirolaw.org/index.php/site/more/new_mexico_eib_receives_testimony_evaluating_public_costs_of_carbon_polluti/ http://nmenvirolaw.org/index.php/site/more/new_mexico_eib_receives_testimony_evaluating_public_costs_of_carbon_polluti/#When:20:27:53Z 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.” Learn more about the case. Press Releases 2011-11-10T20:27:53-07:00