Since 1987, the New Mexico Environmental Law Center has worked every day to protect New Mexico's water, land and air from toxic pollution; and to assist its many and diverse communities protect their environment.
San Augustin Plains Water Grab Motions to be Heard
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.
NMELC Appeals Roll Back of Energy Efficient Building Codes
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.
Pit Rule Public Hearing Delayed
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
KSFR: Judge Denies Further Court Action on Oil-Gas Drilling Rule
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.
Judge Approves Stay in NM Pit Rule Case, Oil and Gas Industry Wants Regulators to Revamp Rule
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
How Far Will Politics Bend the Law Before it Breaks the Law?
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.