New Mexico Oil and Gas Pit Regulation appeal

Location: Statewide

Opposing Parties: NM Independent Petroleum Association, ConocoPhillips and others

Initiation Date: July 2008

Status: On-going

Clients/Partners: Oil and Gas Accountability Project (OGAP)

Attorneys: Eric Jantz, Bruce Frederick

Issues:

Representing client in litigation brought by oil and gas industry in State Appellate Court; we are working to uphold regulations. The new Rule, for which the Law Center ardently advocated in 2007, (NM Oil and Gas Pit Regulation Change case page) is the most stringent in the nation and governs the management and disposal of toxic drilling by-products at drilling sites.

At Stake:

Surface water and groundwater quality protection; protection of livestock and wildlife.

Precedents:

This is the most environmentally-protective Oil Pit Rule in the country.

Latest News:

05/02/2011 - The NMELC filed a Supplemental Brief for its client, the Oil and Gas Accountability Project, in compliance with the First Judicial Court’s February 23, 2011 order.

02/23/2011 - District Court Judge Barbara J. Vigil decided that because of the Pit Rule’s substantial public importance and statewide impact, she would certify industry’s appeal to the New Mexico Court of Appeals.  A decision on the Pit Rule will now be rendered by the Court of Appeals. 

12/10/2010 - Oral arguments were heard by District Court Judge Barbara J. Vigil who took all parties arguments regarding industry’s challenge under advisement and would issue her decision sometime in February. Judge Vigil decided to postpone hearing arguments on the rollback of the chloride standard until February.

02/18/2009 - Press Release: Governor Bill Richardson Proposes Modifications to New Mexico’s Oil Field Pit Rule

10/20/2008 - The Law Center submitted a brief, on behalf of our client, in the appeal in order to defend the Rule.  We anticipate that the NM District Court will issue a decision as early as this Spring.

Case Files:

05/02/2011 - OGAP’s Supplemental Brief.

10/20/08 - OGAP’s Statement of Review Issues

05/09/08 - State of New Mexico’s Adopted Pit Rule