NMELC in the News
The New Mexico Environmental Law Center is frequently in the news, both locally and nationally. If you see references that we've missed, please forward them on to us at: nmelc@nmelc.org. Thank you.
Pit Rule Public Hearing Delayed
A weeklong public hearing aimed at revamping rules that govern how oil and gas developers handle drilling waste has been put on hold by New Mexico regulators, parties in the case said Friday.
Jantz said earlier this week that the industry is taking advantage of a change in administration and that allowing the commission to settle the issue would result in “this endless cycle” of rulemakings and appeals.
Gwen Lachelt with the Oil and Gas Accountability Project said the rule is based on sound science and should be preserved. “It’s a model rule,“ she said. “Since it has been in effect, it has protected the land and water and the oil and gas industry has continued to make a profit in New Mexico.“ Alomogordo Daily News
KSFR: Judge Denies Further Court Action on Oil-Gas Drilling Rule
A state district judge has decided to allow New Mexico officials to proceed with hearings on whether to change a controversial rule set in place during the Richardson administration. Gov. Martinez has called for repealing the rule because it puts strict requirements on oil and gas developers on how they must install and use liners in the pits designed to catch wastes produced during the drilling process.
Eric Jantz of the New Mexico Environmental Law Center says his group lost their attempt to allow further court action on the measure.
Listen at KSFR.org.
Judge Approves Stay in NM Pit Rule Case, Oil and Gas Industry Wants Regulators to Revamp Rule
ALBUQUERQUE, N.M. — A state district judge on Tuesday sided with New Mexico’s oil and gas industry, putting on hold legal appeals related to efforts by the industry to revamp rules for handling drilling and production wastes. The New Mexico Oil and Gas Association had asked for the appeals process to be halted so the state Oil Conservation Commission could tackle the so-called pit rule administratively.
Eric Jantz, an attorney with the New Mexico Environmental Law Center, said he was disappointed the appellate process will not be able to unfold. Instead, he said the industry is taking advantage of a change in the political climate since the pit rule was first adopted by the commission.
“Groundwater and surface water is really the issue here and whether we want to sacrifice that for oil and gas profits,“ Jantz said. “If that’s the policy debate we have, then let’s have it.“ The Republic
URANIUM: Local Activists, Industry Officials Clash Over New Mining Process
“Aquifer exemptions or state equivalents for ISL operations were granted without consideration of the existence of impacts from past uranium mining and milling, whether the groundwater in the aquifer to be mined was potable, and the tribal and community need for groundwater resources,“ Eric Jantz, a New Mexico Environmental Law Center attorney, wrote in a letter to EPA’s National Environmental Justice Advisory Council earlier this year.
“As a result, hundreds of thousands—perhaps millions—of gallons of potable water needed by tribes and tribal communities will be forever contaminated,“ Jantz added. He asked for more research and oversight into in situ uranium extraction. EeNews.net
Read full story. Learn more about the Hydro Resources, Inc. uranium mines case.
Water Hearing on Augustin Plains Ranch Application Set for February
Augustin Plains Ranch’s application asks that the water be pumped for the purpose of selling or using the water within Bernalillo, Catron, Sandoval, Santa Fe, Sierra, Socorro and Valencia counties, or sent by pipeline to the Rio Grande to supplement the supply… Protesters consolidated motions to dismiss and just two were filed before a Feb. 11 deadline. One was filed by attorneys for the New Mexico Environmental Law Center, which is representing about 80 of the protesters. Albuquerque Journal
Learn more about the Augustin Plains Ranch water rights application case.
New Dairy Groundwater Discharge Regulations Have Been Adopted in New Mexico!
Staff Attorney Jonathan Block spoke to the Santa Fe Radio Cafe last week on how our groundwater will be protected thanks to these regs and the next steps that need to be taken.
Podcast available: 2011_12_KSFR_JB_DairyRegs.mp3
Listen now:
Martinez Too Cozy with Industry
As seen in the Santa Fe New Mexican, Sunday, December 4, 2011.
The Nov. 23 article, “Environment Department assesses $7M in penalties,“ states that New Mexico Environment Department officials have “grown tired of critics assuming they’re taking it easy on polluters,“ and that “environmentalists” are “still uneasy about where Gov. Susana Martinez stands on protecting air, water and other natural resources.“
As one who works with community members who feel the impact of these issues every day, I am not “assuming” anything. Moreover, I am not “uneasy.“ I am appalled. It is misleading to use the fines levied by NMED to gauge the Martinez administration’s seriousness about protecting public health and the environment. A better indicator is the carefully coordinated efforts by the administration and industry to gut our state’s environmental protections.
A Citizen Activist Forces New Mexico’s Dairies to Clean Up Their Act
Jon Block, the attorney who represented the citizen coalition, calls New Mexico’s rules some of the strongest in the country. “While none of this is a magic wand, from the point of what we care about, these regulations are going to slowly change the face of dairy production in this state and bring it in line with higher and higher levels of best practices.“ High Country News
Learn more about the New Mexico Dairy Discharge Regulations case.
Staff Attorney Eric Jantz Talks to the Santa Fe Radio Café About Upcoming Fracking Hearing
Staff Attorney Eric Jantz talks to KSFR’s Santa Fe Radio Cafe about an upcoming hearing where the New Mexico Oil Conservation Commission will consider adopting a new rule requiring the oil and gas industry to disclose the fluids used in hydraulic fracturing (“fracking”) operations.
Podcast available: rc-11-9-11-1.mp3
Listen now:
Cap-Trade Rule Under Fire; EIB Hearing Opens on Repeal of Controversial Emissions Regulation
SANTA FE - Opponents of a state cap-and traderule to reduce greenhouse gas emissions began giving testimony to the Environmental Improvement Board on Tuesday about why it should be repealed, revisiting many arguments made a year ago before the previous board adopted the measure….
In cross- examination, New Mexico Environmental Law Center attorney Bruce Frederick pointed out that department witnesses last year testified that environmental problems “require incremental solutions.“ Utility Products
Emissions Rules at Stake as NM Panel Hears Industry Petitions Aimed at Repealing Regulations
SANTA FE, N.M. — A top official with the New Mexico Environment Department on Tuesday pointed to concerns about higher utility costs as one reason the agency is no longer supporting state regulations aimed at curbing greenhouse gas emissions…
Bruce Frederick, an attorney with the New Mexico Environmental Law Center, grilled Tongate about testimony the department gave last year in favor of the regulations. At the time, the agency said the cap-and-trade program would have a small but significant impact and that incremental approaches like those being taken by New Mexico would be necessary to tackle such a large problem. The Republic
NMELC Files for Summary Judgment on HRI Discharge Permit
It’s up to a Judge to decide.
The final documents were filed in the case of Hydro Resources Inc. (HRI) expired discharge permit.
The NMED’s regulations state that a discharge permit must be renewed within five years if an operation is actively discharging or seven years if no discharges are occurring. The regulations are clear that in “no event” may permits be granted for more than seven years. HRI’s permit expired in 1996 and we argue that the company must go through the extensive process of applying for a new permit.
But the NMED has interpreted the law as saying that if a company submits its renewal application on time, its current permit will be held – almost as if time has stopped – until the NMED has approved or denied it. In other words, until NMED decides – be it in a year or a thousand years – the permit is valid and will stay valid indefinitely.
Piñon Awards Honor the Best
The New Mexico Environmental Law Center — honored for the Quiet Inspiration Award — has been working to protect the land, water and air since 1987. Whether helping Picuris Pueblo fight off a mica mine or working with traditional water rights owners to protect their acequias, the law center is an important player in giving a voice to those who otherwise might lack power…
Congratulations, Piñon Award winners. It’s good once again to reflect upon the many ways we can help each other. Santa Fe New Mexican
Oil and Gas Group Wants State ‘Pit Rule’ Eased
The New Mexico Oil and Gas Association wants the state to substantially change its rule on how well drilling and production waste fluid are handled…the industry group on Friday appealed the rule to the Oil Conservation Division. The group simultaneously filed a motion asking District Court Judge Barbara Vigil to stay a court action the organization filed earlier…
Eric Jantz, lead attorney on the court case for the New Mexico Environmental Law Center, called the move unusual…Jantz said his early reading of the proposed rule amendments pinpointed three big changes. Santa Fe New Mexican
Read full story. Learn more about the New Mexico Oil and Gas Pit Regulation appeal case.
2 NM Regulators Step Down from Emissions Case
Two regulators Monday rescued themselves from debate on an effort to repeal tough new anti-pollution rules after environmentalists raised questions about their impartiality…Questions about the impartiality of Fulfer, Casciano and board chairwoman Deborah Peacock were first raised last month by the environmental group New Energy Economy…
[Bruce Frederick] said Casciano and Fulfer made the right decision because their previous comments are part of the case record and it would have been awkward for them to review their own testimony now that they are decision makers. Forbes.com
Read full story. Learn more about the New Mexico Greenhouse Gas Emission Cap case.