Represent BVDA at public hearing concerning modification and renewal of groundwater discharge permit DP-725 for Homestake uranium mine.

01/19/2010 - “Nearby residents oppose permit, Homestake still seeking renewal” Cibola Beacon Read full article.

12/18/2009 - NMELC filed expert testimony in the matter of the discharge permit (DP-725) for the Homestake uranium tailings reclamation superfund site.  A public hearing will be held to determine if the permit will be approved as issued or modified.

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. (Go to case files)

This case marks the first time that a community has sued the Nuclear Regulatory Commission (NRC) over the issuance of an in situ leach (ISL) uranium mining license.  This case also marks the first time that the NRC has issued a license for mining in a high-quality drinking water aquifer, despite the fact that no ISL mines have ever been reclaimed to pre-mining condition.  (In fact, the Crow Butte mine in Nebraska, which the NRC has described as a “model reclamation” in the past, was fined $1 million in July 2008 for groundwater contamination.)

10/11/2011 - ENDAUM requests hearing on motion for summary judgment.

09/01/2011 - ENDAUM requests judgment that the NMED has no authority to accept HRI’s application as a discharge permit renewal.

07/15/2011 - NMELC files Plaintiff’s Motion for Preliminary Injunction and supporting documents for client, ENDAUM.

06/27/2011 - On behalf of ENDAUM, NMELC filed a letter demanding New Mexico Environment Department issue a notice to HRI that their discharge permit has not been renewed based on documents obtained that show high-ranking employees of the NMED have been improperly influencing regulatory decisions of the Groundwater Quality Bureau.

05/13/2011 - NMELC files a petition with the Inter-American Commission on Human Rights seeking to halt a uranium mining operation in the Navajo villages of Church Rock and Crownpoint, N.M

11/15/2010 - U.S. Supreme Court denies review of decision to allow in situ leach (ISL) uranium mining in the Church Rock and Crownpoint communities.

09/15/2010 - NMELC files an appeal to the U.S. Supreme Court to reverse the 10th Circuit Court of Appeals decision to allow in situ leach (ISL) uranium mining in the Church Rock and Crownpoint communities.

05/18/2010 - The 10th Federal Circuit Appeals Court denies request for En Banc Rehearing.

04/22/2010 - NMELC files Petition for Panel or En Banc Rehearing to the 10th Federal Circuit Appeals Court.

03/08/2010 - The 10th Federal Circuit Appeals Court in Denver, CO returned with their decision upholding the NRC license allowing HRI to mine for uranium in Crownpoint’s municipal water supply.

05/12/2008 - Oral arguments are heard in 10th Circuit Court of Appeals in Denver, CO. Currently we are waiting to hear judges decision.

Represent clients in proceeding where dairies are drawing down local water supplies.

08/03/2011 - Hearing scheduled for end of January 2012 before the Office of the State Engineer.

Assist clients in protecting groundwater from contamination by major dairies.

Representing client in state proceedings concerning Discharge Permit 1132 for the Radioactive Liquid Waste Treatment Facility.

The Department of Energy (DOE) and Los Alamos National Security LLC (LANS) assert that the State issued permit violates federal law.

02/23/2011 - CCNS files Motion to Intervene in permit appeal.

Comment on Supplemental Environmental Impact Statement (SEIS) issued by Nuclear Regulatory Commission (NRC) for Moor Ranch. SEIS utilizes the Generic Environmental Impact Statement (GEIS).

03/04/2010 - Law Center files comments on the SEIS that was issued by the NRC.

Rio Grande Resources, has applied to the NM Mining and Minerals Division for a fourth standby permit renewal for the inactive Mt. Taylor Mine.  A standby permit allows the mine operator to let the mine remain inactive without having to do any reclamation (clean up). The permit lasts for 5 years. Our clients are challenging the permit application because we believe RGR must do some reclamation rather than leave the mine as is for another five years.

01/31/2012 - The NM Mining and Minerals Division Director, Fernando Martinez, approved a 5 year standby permit for the Mt. Taylor Mine. The standby permit will allow Rio Grande Resources to avoid reclaiming the waste piles at the mine site, which have led to groundwater being contaminated with uranium.  The Law Center’s clients are considering whether to appeal Mr. Martinez’s decision. 

09/01/2011 - NMELC files a post hearing submission comments.

08/17/2011 - Public hearing held at the Cibola County Convention Center, in Grants, NM.

05/30/2011 - Public hearing to be held this summer.

08/05/2009 - Client submitted comments on the proposed ground water discharge permit. Currently waiting on response from the New Mexico Environment Department’s Ground Water Bureau.

06/05/2009 - Mount Taylor was permanently listed in the State Register of Cultural Properties by the Cultural Properties Review Committee. To view the final nomination, a map showing the guardian peaks used to establish the TCP boundaries and other related materials, please visit the New Mexico Historic Preservation Division website.

Represent clients at an New Mexico Environment Department (NMED) hearing to advocate for strong discharge standards for dairies.

11/16/2011 - WQCC adopts the proposed amendments to dairy discharge regulations.

02/14/2011 - The Coalition enters its opposition to the Motion for Stay pending appeal of the dairy rules.

01/13/2011 - The NMELC filed a Petition for Writ of Mandamus for its clients in NM Supreme Court over Governor’s halt of printing of dairy discharge rule.

12/23/2010 - The dairy rule was filed with the State Records Center today. The effective date will be January 31, 2011. It is codified as 6.2.6 NMAC and will be published on Jan. 14.

12/16/2010 - The Water Quality Control Commission (WQCC) passes New Mexico’s first industry-specific regulations for the dairy industry.

11/08/2010 - Coalition files Exceptions to the Hearing Officer’s Report.

08/23/2010 - Coalition files its Reasons for Decision and Conclusion on final rule with the WQCC.

06/08/2010 - Water Quality Control Commission (WQCC) resumes its hearing on proposed groundwater regulations for dairies.

01/04/2010 - Currently awaiting response from the hearing officer regarding our clients Motion to Intervene in the opposing parties appeal to the Water Quality Control Commission. This hearing is scheduled for mid April 2010.

We and our clients oppose the illegal repeal of energy-efficient building codes, which were adopted by the State of New Mexico in 2010.

The codes were developed during an 18 month process that brought together public-interest groups with the construction industry, green builders, and regulators.  Their combined effort resulted in some of the strongest codes in the nation, requiring that new construction be 20% more energy-efficient than under the previous code.

Ignoring requirements governing public hearings, the Construction Industries Commission (made up of Gov. Martinez appointees) repealed the codes in June, 2011.  They replaced them with weaker standards.  Representing our clients, NMELC filed a lawsuit against the Commission in state appellate court in July 2011.

01/19/2012 - NMELC filed its Brief in Chief for its clients against the New Mexico Construction Industries Commission and the New Mexico Construction Industries Division.

07/11/2011 - NMELC files notices of appeal.