News
The latest news from the New Mexico Environmental Law Center.
Australia Nuclear Waste Dump Row
AlJazeera English does a story on Australia’s government’s plans for a nuclear waste dump in a remote part of the country’s Northern Territory. The proposed nuclear dump has divided local people while environmentalists warn it could one day be used to store waste from overseas.
A Note on HRI’s Media Response to Jurisdiction Decision in 10th Circuit Court
Folks-
In looking through all the media coverage of the HRI jurisdiction decision, I (and others) have noticed a distressing fact. Papers and websites are reporting, without question, HRI’s assertion that it has all the permits it needs to begin mining and could start mining now if it wanted.
This is NOT true. HRI has a discharge permit from NMED (which is essentially a UIC permit, which HRI needs), but it is NOT valid - it needs to be renewed. Additionally, HRI needs a temporary aquifer designation before it can begin mining. So all the reports about HRI being able to start mining now are FALSE. HRI needs to get those state permits - which could take years with public hearings and court appeals - before it can mine.
I wanted to let you know, so that you can answer questions from community members or media outlets.
Eric Jantz, Staff Attorney
Learn more about the Hydro Resources, Inc. uranium mines case.
Dark Water Trailer
This is a trailer for a documentary on the uranium industry’s “dirty little secret” that’s being put together by some folks who’ve been filming in South Dakota and Colorado.
Supreme Court to Hear Oral Arguments Monday, June 7th @ 1:30 PM
On Monday, we will witness an historic hearing before the New Mexico Supreme Court. The Law Center’s own Bruce Frederick will ask the justices to order a Lovington judge to stop interfering in the Environmental Improvement Board’s right to hear our climate change petition. But this case is now far more than a greenhouse gas case: the Lovington decision – if not thrown out – will not only kill our petition, but threatens the State’s process for considering all regulations (environmental and non-environmental) at the State level.
The hearing will be at 1:30 pm on Monday, June 7th at the Supreme Court in Santa Fe. If you wish to attend, arrive early – we anticipate that the arguments will take place before a packed room.
If you can’t attend, you can check our website on the afternoon of the 7th to learn the outcome, or sign up for our Twitter feed.
NM Supreme Court to Hear Challenge in GHG Case
NM Supreme Court will hear oral arguments on June 7th regarding our client, New Energy Economy’s, petition regarding reversing a district judge’s decision that stopped the greenhouse gas emissions rulemaking.
Learn more about the New Mexico Greenhouse Gas Emission Caps case.
Supreme Court Orders Response in Greenhouse Gas Caps Case
New Mexico Supreme Court has ordered Judge Shoobridge and Plaintiffs to file a response in the greenhouse gas caps case.
Learn more about the New Mexico Greenhouse Gas Emission Caps case.
Get PDF of Supreme Court Order for Response.
IT AIN’T OVER ‘TIL IT’S OVER
NMELC FILES FOR EN BANC REVIEW IN HRI URANIUM MINING SUIT
The Law Center filed a Petition for Panel or En Banc Rehearing for our clients to the US 10th Circuit Court of Appeals on April 22nd. As you may recall, last month a 3-judge panel ruled against our appeal of a uranium mining license issued to Hydro Resources by the Nuclear Regulatory Commission. The Petition requests that all eleven active judges of the appellate court review our case.
One of our primary contentions in this case is that the Church Rock Section 17 proposed mine site is already heavily contaminated with radioactive waste from Cold War-era mining; this waste leaks enough radiation into the air that the area’s air quality already exceeds federal health and safety standards for radioactivity. Our Petition asks for an en banc review of the panel’s ruling that Hydro Resources is not required to include this existing radiation levels in its calculations for how much radiation its operations will produce. Under the panel’s ruling, the mining company will not have to clean up the site before it begins mining - and local residents will have to breathe radioactive air that has been contaminated twice-over.
See the filed Petition in PDF format.
Learn more about the Hydro Resources, Inc. uranium mines case
Industry “Whiners” Succeed in Derailing Democracy… for Now
On April 13th, Judge William G. W. Shoobridge of Lovington, NM ruled against the New Mexico Environmental Improvement Board (EIB) and our client, New Energy Economy, by denying our Motions to Dismiss the complaint brought by a group of legislators and industry groups. In addition, Judge Shoobridge granted the plaintiffs’ request for a preliminary injunction to stop the EIB from considering our petition to cap greenhouse gas emissions until he decided a narrow legal issue regarding the Board’s authority.
Four state lawmakers, several business/industry groups, and our state’s utilities, including Public Service Company of New Mexico (PNM), filed a number of motions to derail the Board’s regulatory proceeding.
“This sets a dangerous precedent,“ states Bruce Frederick, Staff Attorney and lead counsel on the case.
Learn more about the New Mexico Greenhouse Gas Emission Caps case
Judge halts petition seeking NM gas emissions cap
“Judge William Shoobridge granted a preliminary injunction prohibiting a state regulatory panel from continuing proceedings on a petition for the emissions cap until he rules on a lawsuit to stop that petition…
[Our clients, New Energy Economy] countered with a motion to dismiss the lawsuit, a move that was rejected Tuesday.“ Associated Press
Learn more about the New Mexico Greenhouse Gas Emission Caps case.
EIB Denies Motion to Strike
On April 1, 2010 the Environmental Improvement Board (EIB) denied industry’s attempt to exclude our evidence in the greenhouse gas emissions cap case, but ordered that more notice be provided.
See the Order on Motion to Strike Petitioner’s Technical Testimony in PDF format.
Learn more about the New Mexico Greenhouse Gas Emission Caps case.
NMELC Files Response to Industry’s Motion to Strike in GHG Caps Case
On March 17, 2010 the NMELC filed a Response to the Motion to Strike for our clients, New Energy Economy. The Motion, filed by Public Service Company of New Mexico, other corporations and industry groups, relied primarily on incorrect statements of fact and law to justify their latest attempt to derail this rulemaking at any cost. Under the actual facts and law, their Motion to Strike is baseless and should be denied.
Download Filed Response in PDF format
Find out more about the NM Greenhouse Gas Emission Caps case
Community Reaches Settlement With Cement Plant
ALBUQUERQUE, N.M.—After a hard fight, a North Valley community is now mixing with the American Cement Plant around the clock. Greater Gardner Neighborhood Association settled with the cement corporation, but that settlement only came after the cement company agreed to strenuous regulations. KOAT
1st Opportunity to Challenge NRC’s Generic Enviro Impact Statement (GEIS) Filed
The Law Center filed comments yesterday on the Supplemental Environmental Impact Statements (SEIS) that were issued by the US Nuclear Regulatory Commission (NRC) on three proposed in situ leach uranium mining projects in Wyoming. These comments are intended to address shortcomings in both the SEIS and the GEIS, and therefore challenge the validity of using a “generic” impact statement.
Lost Creek SEIS comments, and case page.
Moore Ranch SEIS comments, and case page.
Nichols Ranch SEIS comments, and case page.
NMELC Files NOI to Present Technical Testimony in Greenhouse Gas Caps Case
The Law Center filed a Notice of Intent to Present Technical Testimony yesterday afternoon for our clients New Energy Economy. The Notice contains a concrete, realistic and cost-effective proposal for reducing greenhouse gas emissions from the electric, oil and gas sectors - which contribute 65% of greenhouse gas emissions in the state.
PDF of NOI of Intent to Present Technical Testimony
PDF of Proposal
Find out more about the Greenhouse Gas Emission Caps case.
Settlement Filed in American Cement Air Permit Case
After a two year struggle with the Albuquerque-Bernalillo County Air Quality Division over an air quality permit granted for the expansion of a cement transfer station, our clients, with assistance of the NMELC, arrived at a settlement with American Cement obtaining major environmental protection in just two days.
Our clients from the Greater Gardner Neighborhood Association and the North Valley Coalition of Neighborhood Associations obtained a technologically superior air particulate monitoring system and the creation of a Community Advisory Panel that will work with American Cement Company to assure environmentally friendly practices and good community relations. This is a major achievement in air quality regulation in the Albuquerque-Bernalillo area and the settlement will also provide a model for the use of mediation and stakeholder processes in the future.
The settlement, filed today, will go before the Albuquerque-Bernalillo County Air Quality Control Board on a motion for approval and dismissal of the appeal on March 10, 2010.
Get more info and copies of filed documents.