NMELCs current Case Docket.


DOCKET OF CURRENT CASES


Cases are arranged alphabetically. To find a particular case, location or topic, use our search feature. You can use any search term, or multiple search terms to narrow the focus of the search.

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Aquifer Science LLC Water Rights Application [Click to view entire case file.]
Location:
East Mountains of Albuquerque

Issues:

Aquifer Science LLC seeks to pump 1,500 acre-feet of water annually from the Sandia Underground Water Basin in Bernalillo County, NM. The NMELC represents individuals who are concerned about the impacts of the proposed pumping on their water rights, public welfare and conservation of water.



Latest News:

05/27/2013 - Hearing resumes on May 30th in Santa Fe through May 31st. The hearing picks up again on June 25th through June 28th.

03/18/2013 - Hearing scheduled to begin on March 25th at 9 am in Santa Fe. The hearing will be in the Bataan Memorial Building, 407 Galisteo St., Santa Fe, NM 87501. This hearing is open to the public.

02/25/2013 - NMELC files Protestants’ Response to the Water Rights Division’s Motion to Strike and Response to Aquifer Science’s Motion for Leave to File Surreply, and Response to Alternative to Motion to Strike.

02/01/2013 - Filed reply to Aquifer Science response and the Water Rights Division response to Protestants’ Motion for Summary Judgement.

01/07/2013 - NMELC files Protestants’ Motion for Summary Judgement.

07/29/2011 - NMELC files Response to Applicant’s Motion to Amend it’s Application.

06/15/2011 - NMELC files Exhibits that will be used at the trial.

Case Initiation Date:
January 2011

Clients/Partners:
individuals

Attorneys:
Bruce Frederick

Case Status:
On-going

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Augustin Plains Ranch water rights application [Click to view entire case file.]
Location:
Catron County near Datil

Issues:

The New York-based company seeks to pump 54,000 acre-feet of water annually through thirty-seven 20” wells. The Law Center represents approx. 80 individuals and organizations in this case; our clients are concerned about the impacts of pumping on their water, on wildlife, springs, and on the Rio Grande and Gila Rivers, which are hydrologically connected to the San Augustin Plains—and which is the last undammed river in the Southwest.



Latest News:

08/19/2014 - Court of Appeals dismisses Augustin Plains Ranch LLC’s appeal “in light of the fact that Appellant has filed a new application that replaces and supercedes the prior application, the present appeal is moot.”

08/01/2014 - Brief Demonstrating that Appeal is Not Moot filed in the Court of Appeals

01/22/2013 - Augustin Plains Ranch, LLC files Notice of Appeal

01/03/2013 - Order from the 7th Judicial District Court that dismisses the Ranch’s appeal. The Ranch now has 30 days to file another appeal in the Court of Appeals.

11/14/2012 - Memorandum opinion on motion for summary judgement upholding the State Engineer’s order denying application.

09/12/2012 - NMELC files reply in support of upholding the State Engineer’s order.

07/26/2011 - NMELC files memorandum in support of upholding the State Engineer’s order denying application and dismissing this appeal.

04/09/2012 - Augustin Plains Ranch LLC files appeal

03/30/2012 - New Mexico State Engineer denies Augustin Plains Ranch LLC’s water rights application.

12/05/2011 - Hearing scheduled for February 7th, 2012 in Socorro.

05/13/2011 - NMELC files Protestants’ Reply to Augustin Plains Ranch LLC’s Responses regarding Motion to Dismiss.

04/29/2011 - NMELC files Response in Opposition to Augustin Plains Ranch’s Motion for Stay.

02/11/2011 - NMELC files Motion to Dismiss application.

11/09/2010 - Hearing Officer requested a brief to be filed on February 11th. Oral arguments will be heard on May 20th.

10/18/2010 - There will be a scheduling meeting on November 9th in Socorro, NM. The meeting is meant to finalize calendaring of the hearing with the State Engineer.

06/01/2010 - Those protesting the application by Augustin Plains Ranch LLC have until June 28th to pay a $25 fee to the New Mexico Office of the State Engineer to be involved in the matter.

Case Initiation Date:
2008

Clients/Partners:
Gila Conservation Coalition, ranchers

Attorneys:
Bruce Frederick

Case Status:
On-going

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BER Beryllium Mine [Click to view entire case file.]
Location:
Monticello (near Truth or Consequences)

Issues:

Prevent the siting of a beryllium mine that would threaten springs and an acequia. Exploration complete in 2010, now working to obtain proper reclamation of the exploration.



Latest News:

10/17/2012 - Clients are waiting for notice that BER has begun reclamation.

04/26/2010 - NM Mining and Minerals Division MMD granted BE Resources Inc., a permit to drill exploration holes on the Sullivan Ranch. Read Press Release.

Case Initiation Date:
June 2008

Clients/Partners:
Monticello Ditch Association

Attorneys:
Jonathan Block

Case Status:
On-going

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Buckman Recreation Area [Click to view entire case file.]
Location:
Rio Grande, Santa Fe County

Issues:

Oppose the development of a Buckman corridor recreation area unless there is a clear demonstration that LANL legacy plutonium contamination in that area is no longer a health and safety issue.



Latest News:

December 2011 - The Forest Service deferred action until 2014

Case Initiation Date:
April 2011

Clients/Partners:
Concerned Citizens for Nuclear Safety

Attorneys:
Jonathan Block

Case Status:
CLOSED

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Cannon AFB Training Flights [Click to view entire case file.]
Location:
Northern New Mexico

Issues:

Oppose Air Force training missions over Taos Pueblo and areas important to Taos Pueblo.



Latest News:
Case Initiation Date:
September 2010

Clients/Partners:
Taos Pueblo

Attorneys:
Douglas Meiklejohn

Case Status:
On-going

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Change Uranium from a Locatable to a Leasable Mineral [Click to view entire case file.]
Location:
National

Issues:

Change the definition of uranium to a “leasable” mineral from a “locatable” mineral in order to give federal government discretion over whether to permit mining on federal lands.



Latest News:
Case Initiation Date:
March 2010

Clients/Partners:
Earthworks and others

Attorneys:
Eric Jantz

Case Status:
On-going

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Chaparral Landfill [Click to view entire case file.]
Location:
Chaparral, Otero and Doña Ana Counties

Issues:

Mexican-American community working to prevent the siting of another landfill in their town.

NM Supreme Court decision (7/05) can be found here.



Latest News:

NM Supreme Court ruled in 2005 that NMED must evaluate public input during permitting process; public hearing reopened in 2007.

Case Initiation Date:
June 2007

Clients/Partners:
Colonias Development Council

Attorneys:
Douglas Meiklejohn

Case Status:
On-going

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Comment on US EPA Environmental Justice Plan [Click to view entire case file.]
Location:
National

Issues:

To comment on US EPA environmental justice plan for implementing Title VI of the 1964 Civil Rights Act



Latest News:
Case Initiation Date:
April 2012

Clients/Partners:
NMELC

Attorneys:
Douglas Meiklejohn

Case Status:
On-going

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Copper Flat Mine [Click to view entire case file.]
Location:
Sierra County

Issues:

Evaluate potential impacts to environment from proposed reopening of Copper Flat mine and participate in permitting processes.



Latest News:
Case Initiation Date:
May 2011

Clients/Partners:
Turner Ranch Properties, L.P. (Ladder Ranch)

Attorneys:
Bruce Frederick

Case Status:
On-going

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Gila River Diversion Project [Click to view entire case file.]
Location:
Gila River

Issues:

Investigate options open to the State of New Mexico concerning water projects on the Gila River under the Arizona Water Settlements Act.



Latest News:
Case Initiation Date:
July 2009

Clients/Partners:
Gila Conservation Coalition

Attorneys:
Bruce Frederick

Case Status:
On-going

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