News
The latest news from the New Mexico Environmental Law Center.
Spring 2011 Green Fire Report Newsletter Online
The GreenFire Report is now online. Get the whole newsletter in PDF format here. Sign up for our monthly ENews and stay updated on all our casework.
NRC Changing Its Definition of “Background” Radiation?
by Chris Shuey, MPH.
Uranium Impact Assessment Program Director
Southwest Research and Information Center
This press release from the U.S. NRC, dated March 16, 2011, says that NRC believes it is “appropriate” for all Americans living within 50 miles (80.5 kilometers) of the Fukushima plants to evacuate. Unless there’s new recommendations from the Japanese government, I believe this is a greater evacuation distance than previously announced.
The suggested evacuation distance is based on “protective action recommendations” that are triggered when whole body radiation doses exceed 1 rem (10 milliSieverts) and doses to the thyroid exceed 5 rem (50 mSv), NRC said. The agency cited “[a]ttached…computer calculations” to support the recommendations, but there were no attachments to the press release.
You’ll note that NRC says background radiation from all natural and human-made sources is 620 millirems per year (0.62 rem/yr). On its web site, the NRC says about half of this background is from natural sources and the other half is from human-made sources, including medical uses of radioactive materials. This is the highest “background” radiation dose I have ever heard cited by a regulatory agency.
The Governor’s Small Business-Friendly Task Force
Governor Susana Martinez’s first Executive Order, adopted on January 1st, moments after she was sworn in, called for the formation of the “Small Business-Friendly Task Force” to review the states existing rules and regulations in order to determine if the “rescinding or revision of which could significantly enhance the business environment in New Mexico through economic development and employment growth.“ (Read full Executive Order)
The folks at Clearly New Mexico where curious about what exactly the Task Force was up to since January and had to file an open records request with the state to find out who is on the task force and what it was meeting about. One of the records they received was an email with the subject: “Governor’s Mid Point Small Business Task Force Report.“ (See SBF Task Force Mid Point Report in PDF format)
The Mid Point Report states clearly that one of the Task Force’s main tasks is to gut environmental protections. Visit Clearly New Mexico to find out more.
Eric Jantz Speaks at Public Interest Environment Law Conference
Staff Attorney Eric Jantz will be speaking tomorrow on the “Legacy and the Latest Uranium ‘Boom’– The Renewed Fight to Protect People and Water” panel of the Public Interest Environment Law Conference.
Rising uranium prices have spawned a new round of uranium speculation centered in the West. This new “boom” threatens many of the communities and landscapes where past mining resulted in severe public health and environmental impacts. Panelists will discuss current efforts to hold the mining industry and government accountable for impacts from past mining, current efforts to resist and change destructive policies, and work aimed to generate energy and income that does not also destroy water, air, and sacred places.
Case Update: Pit Rule Appeals
New Mexico’s Pit Rule got a reprieve yesterday as State District Court Judge Barbara Vigil is considering sending industry’s appeal up to the State Court of Appeals. Due to substantial public interest in the Pit Rule (the importance of oil and gas to New Mexico’s economy, the Oil Conservation Commission considering extensive technical evidence and hundreds of hours of conservation, legal and industry time committed and expended in the process of developing the Pit Rule) sending the case to the higher court may be a logical next step because of the statewide importance of oil and gas.
Judge Vigil will make a final ruling in mid-May after ruling on OGAP’s appeal of Governor Richardson’s rollbacks of the Pit Rule’s chloride standards. Richardson’s decision, made behind closed doors with industry nine months after the Pit Rule was adopted, allows wastes 13 times more toxic to be buried on well sites. Gwen Lachelt, Earthworks’ OGAP
Oral Arguments to be Heard Tomorrow on Pit Rule Chloride Standard Rollback
New Mexico’s landmark Pit Rule - the nation’s most protective measure to safeguard residents, water and land from hazardous oil and gas drilling wastes - will be challenged in court tomorrow.
The NMELC will argue against the State’s proposed rollback of the chloride standard from 3,000 micrograms/liter (mg/l) to 250 mg/l. This change, which was made with industry input and without participation from other stakeholders, would endanger groundwater quality by encouraging disposal of toxic oil field wastes in numerous uncontrolled locations. Learn more about the case.
WHEN:
Wednesday, February 23, 2011, 1:30 p.m.
WHERE:
First Judicial District Court
Catron Street
Santa Fe, NM 87501
Learn EXACTLY What the Pit Rule is and How it Protects New Mexico’s Groundwater
Our friends at Earthworks and the Oil & Gas Accountability Project (OGAP) have come up with some great fact sheets on how the Pit Rule has protected New Mexico’s groundwater and it’s true impact on the oil and gas industry.
New Mexico’s Common Sense Drilling Rules
- The Pit Rule - What it is and why we need it
- Good questions and honest answers
- The Pit Rule - True Economics
The 3 Agency Reorganization Bills Tabled Today!
The 3 bills HB80, HB84 and HB157 were tabled in House Energy Natural Resources Committee today! Thanks for all of your calls!
The Arctic is Melting and the Desert is Burning
Please join His Excellency Wegger Chr. Strommen, Ambassador of Norway to the United States, for a Luncheon Discussion. These experts will explain events in the Arctic region, how they foretell potentially catastrophic changes in the Earth’s climate systems, and what these changes may mean for the environment and economy of the Southwest region. Find out more.
February 9, 2011 from Noon – 2:00 p.m
Santa Fe Convention Center
201 West Marcy Street
NM Supreme Court will Hear NEE Petition
The New Mexico Supreme Court will hear New Energy Economy’s petition for Writ of Manadamus on Wednesday, January 26, 2011, at the hour of 9:00 am.
Get PDF of NM Supreme Court Order.
New Governor’s Executive Order Puts 90 Day Hold on All New Rules
It appears (particularly from paragraph #6) that Governor Martinez is wasting no time making sure that executive agencies act in as friendly a manner toward business as possible.
EXECUTIVE ORDER 2011-001
FORMATION OF A SMALL BUSINESS-FRIENDLY TASK FORCE;
ESTABLISHING A 90-DAY REVIEW PERIOD FOR ALL PROPOSED AND PENDING RULES AND
REGULATIONS
WHEREAS, New Mexico’s citizens, their government, and all persons doing business in this State have a mutual interest in the proper administration of government and business, requiring common sense administrative rules and regulations that are comprehensible, reasonable, consistent, predictable, responsive, and without undue redundancy;
WHEREAS, one of the priorities of the Governor of New Mexico is establishing a common sense approach to executive rules and regulations, in accordance with the constitutional authority to direct the departments and agencies of the State of New Mexico, by establishing a “Small Business-Friendly Task Force” chaired by the Secretary of Economic Development;
NMELC: 2010 in Review
Here’s a 2 minute video covering some of the New Mexico Environmental Law Center’s accomplishments this year.
New Mexico’s Greenhouse Gas Reduction Program
The final version of the statewide greenhouse gas cap regulation, adopted by the Environmental Improvement Board earlier this month, was filed with the state register today. The NMELC worked with its client, New Energy Economy for over two years to see this rule passed. Get the filed regulation in PDF format.
Learn more about the New Mexico greenhouse gas emission cap case.
Press Statement of Gila Resources Information Project re: Tyrone Settlement Agreement
FOR IMMEDIATE RELEASE
December 23, 2010
The Gila Resources Information Project is disappointed by the Tyrone Settlement for a few reasons.
First, the Environment Department has now cut off a legal process that we believe would have strengthened groundwater protection throughout New Mexico.
Second, the settlement is unfair, since it binds the Environment Department to respect its terms, but allows Freeport to back out whenever any future decision isn’t consistent with the company’s expectations as defined in the settlement.
Finally, the settlement is too vague about too many important details. Those specifics, such as alternative abatement standards that must be met to protect groundwater quality at the mine site and the areas in and around the mine site that must be reclaimed, will be decided at future proceedings. In order to not compromise our watchdog role, GRIP did not sign on to the settlement. This preserves our right to fully participate in future proceedings in order to ensure that groundwater quality in Grant County is protected.
Contact:
Allyson Siwik
Executive Director
Gila Resources Information Project
575-538-8078
###
Learn more about the Grant County Tyrone mine closure plan case.
Coalition Requests Meeting with Governor-Elect to Discuss Dairy Rules
December 17, 2010
Governor-Elect Susana Martinez
State Capitol
300 Old Santa Fe Trail
Santa Fe, NM 87501
RE: Environmental Coalition request for meeting about Dairy Rules
Dear Governor-Elect Martinez:
The Citizens’ Coalition, composed of Caballo Concerned Citizens, Amigos Bravos, Rio Valle Concerned Citizens, Citizens for Dairy Reform, Rio Grand Chapter of the Sierra Club, and Food & Water Watch, requests a meeting with you and your staff to discuss the need for your support for the Dairy Rules, which were passed by the New Mexico Water Quality Control Commission (WQCC) on December 15, 2010.
Learn more about the New Mexico Dairy Discharge Regulations case.