Assist neighbors in a North Valley neighborhood of Albuquerque protest an air quality permit for the expansion of the American Cement transfer station located in the middle of their community. The new permit allows the transfer station to drastically increase emissions and change its hours of operation from 11 hours a day/6 days a week, to “operating continuously” 24 hours a day. Our clients are concerned that the up-tick of activity will degrade the already polluted air over their neighborhood.

03/10/2010 - The Albuquerque-Bernalillo County Air Quality Control Board unanimously approved the settlement between our clients and American Cement obtaining major environmental protection.

02/26/2010 - The NMELC filed a settlement for our clients with the Albuquerque-Bernalillo Air Quality Control Board today. Our clients obtained major environmental protection that were lacking in the permit that the Air Quality Division issued last fall. The settlement will go before the Board on a motion for approval and dismissal of the appeal on March 10, 2010. Read more.

02/05/2010 - The hearing in front of the board has been postponed pending an attempt to arrive at a mediated settlement of the case.

01/11/2010 - Public hearing in front of the Albuquerque-Bernalillo County Air Quality Control Board is scheduled for February 22nd.

Mexican-American community working to prevent the siting of another landfill in their town.

NM Supreme Court decision (7/05) can be found here.

NM Supreme Court ruled in 2005 that NMED must evaluate public input during permitting process; public hearing reopened in 2007

Residents of Mesquite, NM, are tired of the air pollution that blows from the Helena Chemical Company’s fertilizer mixing plant into their yards, homes and businesses.  For years, they have worked together as the Mesquite Community Action Committee to advocate for better air quality.

At different times during the past decade, we have represented the Committee.

• In 2005, we helped the community win a victory when we helped them persuade the NM Environment Department that the company requires an air quality permit.
• In 2010, we helped the community persuade the Environmental Improvement Board that it should deny Helena’s appeal of that permit requirement.
• Now we are working to represent the Committee in appellate court, where the company is appealing its need to have an air quality permit.

We will continue to represent the community in its efforts to clean up the air in Mesquite.

07/15/2011 - Because the group was not an official party to the proceeding, the Supreme Court did not require the appellate court to grant us party status.

07/06/2011 - Court of Appeals denies MCAC intervention in appeal.

06/13/2011 - Filed motion for leave to intervene in appeal.

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.