NMELCs Energy and Climate Change Cases.

CASES — ENERGY & CLIMATE CHANGE


Cases are arranged alphabetically, with the exception of affiliated case groupings. The simplest method to find a particular case is to use our search feature, at the top of the page.


New Mexico Oil and Gas Hydraulic Fracturing (“Fracking”) Disclosure Regulation [Click to view entire case file.]
Location:
Statewide

Issues:

NMELC will advocate that environmental and landowner protections be included in oil and gas industry-sponsored regulations for disclosure of fracking fluids.  The proposed regulations require drilling companies to report some of their fracking fluids within 45 days after they inject the chemicals underground to facilitate natural gas extraction.



Latest News:

The Oil Conservation Commission, with a majority of commissioners appointed by Governor Susana Martinez, adopted the industry-sponsored regulations in December 2011.  After hearing testimony from OGAP, they made one change: in addition to posting their non-proprietary chemicals to fracfocus.com, drilling companies will have to file their disclosure reports with the Oil Conservation Division.  This will give residents who do not have internet access the ability to see reports at Division field offices.

These regulations are weaker than disclosure regulations recently adopted in Colorado, Texas and Wyoming.

Case Initiation Date:
November 2011

Clients/Partners:
Earthworks' Oil & Gas Accountability Project (OGAP)

Attorneys:
Douglas Meiklejohn

Case Status:
CLOSED: The Oil Conservation Commission adopted industry proposed regulations with only minor changes.

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New Mexico Oil and Gas Pit Regulation Change [Click to view entire case file.]
Location:
Statewide

Issues:

Advocate for language that would allow for the improved regulation of discharges from oil and gas wells.



Latest News:

02/18/09 - Press Release: Governor Bill Richardson Proposes Modifications to New Mexico’s Oil Field Pit Rule

07/2008 - The New Mexico oil and gas industry is suing to overturn it NM District Court (See New Mexico Oil and Gas Pit Regulation appeal)

06/2008 - Some requirements of the Pit Rule:

  • All temporary disposal pits must be permitted by the State, and all pits must have heavy-duty liners.
  • Drillers must use “closed-loop” tanks near water resources, rather than storing wastes in open pits that can leak into nearby wells, rivers or groundwater.
  • A significant amount of contamination must be hauled to licensed disposal sites; waste disposed of on-site must meet groundwater quality standards before being buried.
Case Initiation Date:
2007

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

Attorneys:
Eric Jantz

Case Status:
COMPLETED - Stringent regulations adopted June 2008.

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NM Construction Industries Commission Repeal of Energy Efficient Building Codes [Click to view entire case file.]
Location:
Statewide

Issues:

Appealing the repeal of three building codes and amendment of a fourth by the New Mexico Construction Industries Commission. The codes included the Energy Conservation Code adopted in 2010, would have required new construction to be 20% more energy efficient than was required previously. The codes were developed through a collaborative process that included the construction industry, public-interest groups, and regulators. In terms of conserving energy, these four codes were the best standards of their kind in the United States.



Latest News:

10/27/2014 - NMELC files petition with the NM Supreme Court to review Court of Appeals decision

09/25/2014 - Court of Appeals upholds Commission

04/09/2014 - Reply Brief filed

12/27/2013 - NMELC files new appeal.

07/15/2013 - NMELC files Docketing Statement in appeal.

05/30/2013 - The NM Court of Appeals issues orders on Request for Rehearing and Clarification, and Contempt Motion.

05/21/2013 - NMELC files Response to Notice of Completion.

05/20/2013 - May 22nd Court of Appeals hearing canceled.

05/13/2013 - New Mexico Court of Appeals sets hearing for Wednesday, May 22nd, 2013 at 2 pm in Albuquerque.

05/03/2013 - NMELC files response to the Appellees’ Motion for Rehearing and Clarification

04/11/2013 - NMELC files Motion in the Court of Appeals for an order holding the New Mexico Construction Industries Division in contempt for its failure to comply with the Court of Appeals’ April 4th order.

04/05/2013 - The NM Court of Appeals rules that the Construction Industries Commission’s June 10, 2011 adoption of the revisions to the building codes are to be rolled back to the codes that were in place previously. (Read press release)

05/09/2012 - NMELC files Appellant’s Final Reply Brief in building codes appeal.

01/19/2012 - NMELC files Appellant’s Brief in Chief.

07/11/2011 - NMELC files an appeal in the State Court of Appeals for its clients.

Case Initiation Date:
July 2011

Clients/Partners:
Sundancer Creations Custom Builders, Environment New Mexico, e-Solved, Inc., and several individuals

Attorneys:
Douglas Meiklejohn

Case Status:
On-going

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