NEWS - Press Releases
This is the archive of the latest press releases from the New Mexico Environmental Law Center. Feel free to redistribute. We have an RSS feed for keeping up to date on NMELC's work. Sign up by clicking the RSS FEED button at the bottom of our navigation menu on the left.
San Augustin Plains Water Grab Motions to be Heard
SANTA FE, N.M.— After four years of delays and false starts, the State Engineer is finally hearing motions to dismiss an application to take 54,000 acre-feet of groundwater annually from Catron County. The application, filed by a New York based corporation, is being protested by over 200 residents who live in and around Datil, NM – an area known as the San Augustin Plains. The residents fear that the San Augustin basin that supplies their wells with water and contributes flow to the Rio Grande and Gila River stream systems will be decimated if the application is granted. The New Mexico Environmental Law Center (NMELC) represents over 80 Protestants.
NMELC filed a motion to dismiss the application one year ago. “The application must be thrown out because it does not comply with basic New Mexico law,” said Bruce Frederick, NMELC Staff Attorney. “The corporation’s application seeks a permit to use or sell a vast amount of water for any purpose within seven New Mexico counties. Under New Mexico law, however, the corporation was required to identify exactly how and where it intends to use the water, and its failure to do so means that the State Engineer cannot consider or approve its application.”
The hearing will be held in Socorro, NM on February 7th.
NMELC Appeals Roll Back of Energy Efficient Building Codes
FOR IMMEDIATE RELEASE
Tuesday, January 24, 2012
SANTA FE, N.M.— On January 19th, the New Mexico Environmental Law Center (NMELC) filed its Brief in Chief for its clients in an appeal arguing that the New Mexico Construction Industry Commission violated numerous laws when it rolled back the Energy Efficient Building Codes adopted in 2010. The Commission did not meet requirements that give the public the right to effectively participate in the making of laws and that require decision-makers to explain their actions.
In April 2011, the Commission decided that it would consider changes proposed by the New Mexico Construction Industry Division to the New Mexico Electrical Code, the New Mexico Energy Conservation Code, the New Mexico Mechanical Code, and the New Mexico Plumbing Code. After holding simultaneous public hearings around the state and accepting public comments, the Commission accepted the proposed changes in June 2011.
How Far Will Politics Bend the Law Before it Breaks the Law?
FOR IMMEDIATE RELEASE
Friday, January 06, 2012
SANTA FE, N.M. - Today, the New Mexico Environmental Law Center (NMELC) filed closing arguments for its client, New Energy Economy (NEE), in opposition to the repeal of the carbon cap and trade rule before the Environmental Improvement Board (EIB).
NMELC argued that the EIB cannot repeal the rule (also called Rule 350) because nothing’s changed since it was adopted. The parties seeking repeal presented no new evidence, because there is none.
New Mexico EIB Receives Testimony Evaluating Public Costs of Carbon Pollution Rules’ Repeal
Measures to Reduce Carbon Pollution Will Address Threats for Public Health, Drought and Wildfires
FOR IMMEDIATE RELEASE
Thursday, November 10, 2011
SANTA FE, N.M.— New Energy Economy yesterday filed expert testimony with the New Mexico Environmental Improvement Board (EIB) that highlights growing threats posed by increasing rates of carbon pollution to New Mexico’s public health and economy.
“We’ve heard a lot from industries about the costs of reducing pollution, but they never acknowledge that their corporate profits are obtained at the expense of our health and well-being. PNM profits because it does not have to pay for the damage they cause to our health and the environment,” said Mariel Nanasi, Executive Director of New Energy Economy. “Asthma rates are rising and the historic drought and wild fires we see now have enormous costs and will continue to rise as climatic change intensifies. We must address this clear and present danger with policies to reduce carbon pollution.”
Mining and Minerals Dept. Blocks Public in Public Hearing, Groups Claim Agency Acted Illegally
FOR IMMEDIATE RELEASE
Friday, September 02, 2011
SANTA FE, N.M.— Yesterday, the New Mexico Environmental Law Center (NMELC) filed a post hearing submission regarding Rio Grande Resources’ (RGR) Mount Taylor uranium mine standby permit application. The submission demonstrates that the New Mexico Mining and Minerals Division illegally prohibited the NMELC’s clients, the Multicultural Alliance for a Safe Environment (MASE) and Amigos Bravos, from being heard at the public hearing on the standby permit.
“The hearing officer made legal mistakes and made decisions that violated the New Mexico Mining act,” says Eric Jantz, NMELC Staff Attorney. “We should have been able to submit all of this information at the public hearing and we still ought to be able to do it.”
On August 17th, at the standby permit’s public hearing in Grants, NM, Amigos Bravos and MASE attempted to present the testimony and evidence covering undisputed groundwater contamination at the mine site. They also sought to explore RGR’s willingness to conduct interim reclamation measures on the likely source of the contamination, and challenge RGR’s outdated and insufficient reclamation financial assurance. Unfortunately, the groups were silenced. Each attempt was objected by RGR’s lawyers and upheld by the Hearing Officer
Learn more about the Mount Taylor Standby Permit case.
NMELC Questions Impartiality of Environmental Improvement Board Members
FOR IMMEDIATE RELEASE
Thursday, September 01, 2011
SANTA FE, N.M.— Yesterday, the New Mexico Environmental Law Center (NMELC) filed motions before the New Mexico Environmental Improvement Board (EIB) calling for the recusal of board members James R. Casciano, Gregory Hugh Fulfer and Debra Peacock due to their documented opposition to the adoption of the state’s carbon reduction rules. The motions, filed on behalf of New Energy Economy, also call for the other board members to disclose their past and ongoing relationships with the petitioners and other entities regulated by the carbon reduction rules.
The Board decided to conduct hearings to repeal the rules at the request of PNM and several other utility and oil and gas groups (“petitioners”). The requests to repeal the rules were filed immediately following private discussions between the petitioners and Ms. Peacock, who chairs the Board.
“EIB’s regulations require its members to recuse themselves if there is reason to believe that they are not impartial,” says Bruce Frederick, NMELC Staff Attorney. “It’s an appearance standard and there’s good reason to believe that members Casciano, Fulfer and Peacock are not impartial. Mr. Casciano and Mr. Fulfer testified against the rules last year when they were adopted. Ms. Peacock engaged in private discussions with petitioners, which led directly to their requests to repeal the rules.”
Learn more about the New Mexico Greenhouse Gas Emission Cap case.
New Mexico Environmental Law Center Wins Piñon Award
“Epitome of behind-the-scenes dedication”
SANTA FE, N.M.— Each year, the Santa Fe Community Foundation celebrates the extraordinary work of area nonprofits with the Piñon Award – the only local award devoted exclusively to recognizing nonprofit organizations. This year, the Foundation will present one of four awards to the New Mexico Environmental Law Center (NMELC).
The “Quiet Inspiration Award” is given to an “un-sung hero” organization whose hallmark is to work quietly and respectfully among a wide range of people in the community. The winning organization has the full, long-term support of its clients and constituents, despite its unassuming presence in the community. “The Center’s nomination struck the Awards Committee as the epitome of behind-the-scenes dedication,” says Brian Byrnes, the Santa Fe Community Foundation’s President & CEO.
Mt. Taylor Uranium Mine Public Hearing Aug. 17
Santa Fe, New Mexico — The New Mexico Mining and Minerals Division has set the public hearing for Rio Grande Resources Corporation’s application to renew “Standby Status” for its Mt. Taylor Mine on Wednesday, August 17, 2011, 5 p.m. in the Cibola County Convention Center, 515 West High Street, Grants, N.M. A standby permit allows the mine operator to let the mine remain inactive without having to do any clean up. The permit lasts for 5 years.
The New Mexico Environmental Law Center and their clients, Multicultural Alliance for a Safe Environment and Amigos Bravos, will challenge Rio Grande Resources’ permit application. These groups insist that Rio Grande Resources must begin cleaning up the toxic waste sites at the mine rather than let those areas continue to pollute land and water for another five years. Multicultural Alliance for a Safe Environment and Amigos Bravos will present testimony at the hearing. The public is invited to voice their concerns as well.
Learn more about the Mount Taylor Standby Permit case.
NMELC Gains Another Victory in New Mexico Supreme Court
SANTA FE, N.M.— Today, the New Mexico Environmental Law Center (NMELC) gains another victory in New Mexico Supreme Court, when it won the right for its clients, New Energy Economy (NEE), to intervene as a full party in PNM’s appeal of the statewide carbon reduction rules.
The Supreme Court Justices announced that because New Energy Economy was named as a party in the previous proceedings with the Environmental Improvement Board (EIB), they should, by right, be granted party status in the current appeal.
Learn more about the New Mexico Greenhouse Gas Emission Cap case.
Supreme Court Denies Community Intervention in Air Quality Permit Appeal
SANTA FE, N.M.— Today, the New Mexico Environmental Law Center (NMELC) and its client, the Mesquite Community Action Committee (MCAC) suffered a defeat in the New Mexico Supreme Court when the Court denied the MCAC, leave to intervene in Helena Chemical’s appeal of its state required air quality permit.
“We are disappointed with the decision of the Court,” said Jonathan Block, NMELC Staff Attorney. “The people of Mesquite should have a voice in a proceeding that will determine whether a permit is in place to prevent the emission of polluted air from the Helena Chemical plant.”
PNM and EIB Attempt Backdoor Deal to Repeal Carbon Pollution Reduction Law
SANTA FE, N.M. — The New Mexico Environmental Law Center (NMELC) filed an emergency motion today on behalf of its client, New Energy Economy, in New Mexico State Supreme Court. The emergency motion asks the Supreme Court to vacate recent decision by the Court of Appeals that sent the carbon pollution reduction law back to the Environmental Improvement Board (EIB). The motion asserts apparent collusion between the utility, PNM, and Governor Martinez’s EIB after the two parties settled a private negotiation agreeing that the EIB will hear PNM’s petition to repeal the carbon cap law.
“This move to circumvent the normal appellate review process is outrageous,” says Bruce Frederick, NMELC Staff Attorney. “PNM and the EIB basically agreed to cut the Court of Appeals out of the review process and just have the Martinez EIB repeal the Rule. I’ve never seen such collusion between a regulatory agency and a corporation it regulates.”
Get PDF of filed Emergency Motion to Vacate.
Learn more about the New Mexico Greenhouse Gas Emission Cap case.
CCNS Granted Place At The Table In LANL Hazardous Waste Permit Appeal
SANTA FE, N.M.— Yesterday, Concerned Citizens for Nuclear Safety (CCNS), represented by the New Mexico Environmental Law Center (NMELC), has been granted its motion to intervene in appeals filed by the U.S. Department of Energy (DOE) and Los Alamos National Security, LLC regarding a ten-year hazardous waste management permit at Los Alamos National Laboratory (LANL). The Permit was issued by the Secretary of the New Mexico Environment Department (NMED) to the appellants. The appeals challenge certain aspects of the Permit.
Get PDF of Order Granting Intervention.
NM Environmental Dept Puts Mining Company’s Financial Interests Above Environmental Protection
Santa Fe, New Mexico - The Eastern Navajo Diné Against Uranium Mining (ENDAUM), represented by the New Mexico Environmental Law Center (NMELC), filed a complaint for declaratory and injunctive relief against the New Mexico Environment Department (NMED) with the First Judicial Court in Santa Fe this morning. The filing states that the Environment Department has bypassed the normal regulatory processes to benefit Hydro Resources Inc. (HRI) by allowing HRI to conduct mining activities before it made a decision on HRI’s discharge permit application.
“This violation of the regulatory process by a government agency that is charged with protecting the public’s health and environment is unacceptable and needs to be reversed,“ says Eric Jantz, staff attorney of the New Mexico Environmental Law Center. “Rather than playing by the rules, the rules are being played.“
Get PDF of Press Release.
Learn more about Hydro Resources, Inc. uranium mines case.
NM Supreme Court Will Hear Case for Intervention in Industry Appeal of Carbon Cap Rule
FOR IMMEDIATE RELEASE
Today, June 29, 2011
SANTA FE, N.M. - Today, the New Mexico State Supreme Court agreed to hear a case filed by the New Mexico Environmental Law Center (NMELC) on behalf of its client, New Energy Economy. The NMELC filed an emergency petition asking the Supreme Court to review a Court of Appeals’ ruling that barred New Energy Economy (NEE) from participating in an appeal filed by PNM. In its appeal, PNM, the state’s largest source of carbon pollution, is asking the Court of Appeals to invalidate New Mexico’s carbon pollution reduction law; which was adopted by the Environment Improvement Board (EIB) in December of 2010. New Energy Economy and the New Mexico Environmental Law Center led a two-year public process that resulted in the creation of New Mexico’s landmark carbon cap law.
Get PDF of NM Supreme Court Order.
Navajo’s Take Fight to Protect Their Water to Inter-American Commission on Human Rights
Press Conference Monday, May 16, 8:30 National Press Club, Washington, DC
SANTA FE, N.M.— Today, the New Mexico Environmental Law Center (NMELC) and its client, Eastern Navajo Diné Against Uranium Mining (ENDAUM), filed 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. They will conduct a press conference Monday, May 16, 8:30 a.m. at the National Press Club in Washington, DC regarding the filing.
After 16 years of legal fighting, the New Mexico Environmental Law Center has exhausted all avenues offered by the U.S. legal system to overturn the mining license granted by the Nuclear Regulatory Commission (NRC) to Hydro Resources Inc. (HRI). HRI still has regulatory hurdles to overcome, and NMELC’s client will oppose them at every turn, but should HRI be allowed to mine, the drinking water for approximately 15,000 people will be contaminated.