Appear before the NM Environmental Improvement Board to advocate for a reduction in New Mexico’s greenhouse gas emissions by 3% per year, beginning in 2012. (Go to case files)

11/08/2012 - NMELC files Petition for Writ of Superintending Control in the NM Supreme Court for New Energy Economy and Western Resource Advocates.

07/02/2012 - NMELC files New Energy Economy’s Docketing Statement appealing the repeal of Carbon Cap Rule 100

02/16/2012 - NMELC files New Energy Economy’s Closing Argument in Opposition to Repeal of Carbon Cap Rule 100.

02/06/2012 - The New Mexico Environmental Improvement Board unanimously voted to repeal a statewide cap on carbon emissions.

01/06/2012 - NMELC files New Energy Economy’s Closing Argument in Opposition to Repeal of Cap & Trade Rule 350.

11/09/2011 - NMELC files New Energy Economy’s notice to present technical testimony.

10/13/2011 - NMELC files motions to strike pre-filed testimony, to admit prior sworn testimony, to admit stipulation and files notice to present technical testimony.

10/05/2011 - Motion filed to consolidate the appeals of the carbon reduction rules that are currently pending in the Court of Appeals.

09/14/2011 - Objection to Improper Hearing Procedures and Motion to Strike Parts of Petitioners’ Statement of Reasons filed

08/31/2011 - NMELC files Motions to Recuse EIB Board Members and Objections to Order Establishing Procedures.

07/29/2011 - NMELC files Motions to Establish Preliminary Briefing Schedule on Threshold Issues That Require Dismissal of Petition and Disqualification of the EIB.

06/29/2011 - NM Supreme Court will hear NEE Petition for Writ of Superintending Control.

06/20/2011 - NMELC filed Verified Emergency Petition for Writ of Superintending Control with NM Supreme Court regarding the Court of Appeals denial of NEE’s motion to intervene.

04/20/2011 - The NMELC filed motions on behalf of New Energy Economy to intervene in two pending appeals filed by PNM against the Environmental Improvement Board’s (EIB) adoption of the state’s carbon reduction rules.

01/26/2011 - New Mexico Supreme Court issues Writ of Mandamus to State Records Administrator ordering rules be printed.

01/13/2011 - The New Mexico Supreme Court will hear New Energy Economy’s petition for Writ of Mandamus on Wednesday, January 26, 2011, at 9:00 am.

01/11/2011 - The NMELC files petition in NM Supreme Court for Writ of Mandamus over Governor’s halt of printing of greenhouse gas rule.

12/27/2010 - The final version of the statewide greenhouse gas cap regulation, adopted by the Environmental Improvement Board earlier this month, was filed with the state register today.

12/06/2010 - New Mexico Environmental Improvement Board (EIB) adopted New Energy Economy’s statewide greenhouse gas cap rule in a 4 to 1 vote.

11/22/2010 - The NMELC files Petitioner’s Closing Argument in Support of Greenhouse Gas Cap Regulation.

10/05/2010 - New Mexico Environmental Improvement Board (EIB) concluded the hearing on petition. The Board will decide whether to adopt the proposed rule at an open meeting on December 6, 2010.

08/06/2010 - The NMELC files Petitioner’s Notice of Intent to Present Rebuttal Technical Testimony and Exhibits.

06/21/2010 - NM Environmental Improvement Board (EIB) voted to begin hearing technical testimony on our clients petition on August 16th.

06/07/2010 - New Mexico Supreme Court granted a Writ of Superintending Control which directs Judge Shoobridge of Lovington, NM, to dissolved the preliminary injunction he issued against the Environmental Improvement Board and to dismiss the complaint

05/24/2010 - New Mexico 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.

05/19/2010 - New Mexico Supreme Court has ordered Judge Shoobridge and Plaintiffs to file a response in the greenhouse gas caps case by June 3rd.

05/14/2010 - The NMELC files a Petition with the New Mexico Supreme Court, asking the Court to order District Judge Shoobridge to reverse his decision which stopped a greenhouse gas emissions rulemaking.

04/13/2010 - District Judge Shoobridge ruled against our clients, New Energy Economy, by denying our Motion to Dismiss the challenge brought by a group of legislators and industry, and granting their preliminary injunction to stop proceedings by the Environmental Improvement Board (EIB) to cap greenhouse gas emissions.

04/01/2010 - Environmental Improvement Board’s Order on Motion to Strike Petitioner’s Technical Testimony filed.

03/17/2010 - NMELC files a Response to the Motion to Strike

03/02/2010 - The NMELC files Notice of Intent to Present Technical Testimony.

03/01/2010 - The New Mexico Environment Improvement Board (EIB) will hear public comment on the greenhouse gas cap regulations proposed by our client.

02/08/2010 - Law Center files Motion to Intervene and Motion to Dismiss for our clients in the suit brought against the Environmental Improvement Board’s authority to regulate greenhouse gas emissions.

01/13/2010 - “Suit could block state action on carbon emissions” New Mexico Business Weekly Read article

04/06/2009 - The State Environmental Improvement Board (EIB) decided it had statutory authority to hear the Petition to cap greenhouse gas emissions that we filed for New Energy Economy.

03/02/2009 - Hearing rescheduled for April 6, 2009.

12/23/2008 - Law Center Files Petition Requesting Statewide Limits on Greenhouse Gas Emissions to the State Environmental Improvement Board (EIB) on behalf New Energy Economy, calling on the state of New Mexico to reduce greenhouse gases to 25% below 1990 emission levels by 2020; to help avert the most severe impacts of global warming. The request for a hearing will be discussed at the January 5th meeting of the EIB.

Assist OGAP in drafting environmentally-protective oil and gas ordinance language that can be adopted by New Mexico counties.

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.

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.

Representing client in litigation brought by oil and gas industry in State Appellate Court; we are working to uphold regulations. The new Rule, for which the Law Center ardently advocated in 2007, (NM Oil and Gas Pit Regulation Change case page) is the most stringent in the nation and governs the management and disposal of toxic drilling by-products at drilling sites.

03/27/2012 - District Judge Raymond Ortiz quashed his Writ of Prohibition issued in February. This allows industry groups to go before the Oil Conservation Commission, where they seek to re-write the oil and gas waste disposal regulation.

03/23/2012 - NMELC files OGAP’s Response to NMOGA’s Petition for Superintending Control in NM Supreme Court.

02/14/2012 - The Writ of Prohibition was issued.

01/25/2012 - Judge Ortiz ordered a Writ of Prohibition granting the NMELC’s request that the Oil Conservation Commission be prohibited from reconsidering the Pit Rule until all the court appeals of the rule have been resolved.

01/10/2012 - Judge Vigil postponed appeals so that the OCC can ‘revisit’ the Pit Rule and consider the changes proposed by industry.

05/02/2011 - The NMELC filed a Supplemental Brief for its client, the Oil and Gas Accountability Project, in compliance with the First Judicial Court’s February 23, 2011 order.

02/23/2011 - District Court Judge Barbara J. Vigil decided that because of the Pit Rule’s substantial public importance and statewide impact, she would certify industry’s appeal to the New Mexico Court of Appeals.  A decision on the Pit Rule will now be rendered by the Court of Appeals. 

12/10/2010 - Oral arguments were heard by District Court Judge Barbara J. Vigil who took all parties arguments regarding industry’s challenge under advisement and would issue her decision sometime in February. Judge Vigil decided to postpone hearing arguments on the rollback of the chloride standard until February.

02/18/2009 - Press Release: Governor Bill Richardson Proposes Modifications to New Mexico’s Oil Field Pit Rule

10/20/2008 - The Law Center submitted a brief, on behalf of our client, in the appeal in order to defend the Rule.  We anticipate that the NM District Court will issue a decision as early as this Spring.

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

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.

Represent clients against industry groups’ petition before the NM Oil Conservation Commission seeking to weaken New Mexico’s “Pit Rule.“  The Pit Rule regulates the disposal and storage of oil and gas drilling wastes.

05/08/2012 - NMELC files Motion to Recuse members of the Oil Conservation Commission and requests full disclosure.

05/04/2012 - NMELC files Notice of Intent to present technical testimony at the Pit Rule amendment hearing.

03/27/2012 - The first Pit Rule was appealed to State District Court in 2008; a stay was granted in that case in February 2012 pending the outcome of this new rulemaking. Learn more about the case leading to this hearing.

In June 2008, the Law Center successfully advocated for New Mexico to adopt the most stringent Oil Pit Rule in the U.S. (the Rule governs the storage and disposal of toxic oil and gas drilling by-products. See case details: See case details: New Mexico Oil and Gas Pit Regulation Change)  On February 18, 2009, Governor Richardson announced he was directing the Energy, Minerals and Natural Resources Department to work with industry to develop amendments that would allegedly save companies the cost of compliance to the recently adopted Pit Rule. These proposed changes, if adopted, would substantially increase the risk of groundwater pollution.

The Law Center represents its client, the Oil and Gas Accountability Project, in an effort to defend the current Pit Rule.  We are particularly concerned about the State’s proposed rollback of the chloride standard from 3,000 micrograms/liter (mg/l) to 250 mg/l.  This proposal, which was made with industry input without participation from other stakeholders, would endanger groundwater quality by encouraging disposal of toxic oil field wastes in numerous uncontrolled locations.

03/23/2012 - NMELC files OGAP’s Response to NMOGA’s Petition for Superintending Control in NM Supreme Court.

02/14/2012 - The Writ of Prohibition was issued.

01/25/2012 - Judge Ortiz ordered a Writ of Prohibition granting the NMELC’s request that the Oil Conservation Commission be prohibited from reconsidering the Pit Rule until all the court appeals of the rule have been resolved.

01/10/2012 - Judge Vigil postponed appeals so that the OCC can ‘revisit’ the Pit Rule and consider the changes proposed by industry.

02/23/2011 - Because she had questions on two specific legal issues in the chlorides standard rollback appeal,District Court Judge Barbara J. Vigil ordered additional briefings on these issues from the parties.  Briefs are due April 30th.

12/10/2010 - Oral arguments were to be heard by District Court Judge Barbara J. Vigil, but she decided to postpone hearing arguments on the rollback of the chloride standard until February after she decides on the pit rule appeal from industry.

11/16/2009 - Law Center files OGAP’s Reply to OCC Response

10/30/2009 - Law Center files OGAP’s Motion for Stay.

10/01/2009 - Law Center files OGAP’s Statement of Appellate Issues.

07/30/2009 - Law Center files OGAP’s Notice of Appeal to the First Judicial District Court.

06/19/2009 - State commission approves pit rule change, Drilling Santa Fe Blog.

04/28/2009 - Law Center files OGAP’s Proposed Conclusions of Law and Findings of Fact to the Oil Conservation Commission

03/31/2009 - Press Release: New Mexico’s Land and Water Face Challenge from the Oil and Gas Industry

02/18/2009 - Press Release: Governor Bill Richardson Proposes Modifications to New Mexico’s Oil Field Pit Rule

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.

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.

We represent our clients in an effort to prevent the NRC from issuing a Generic Environmental Impact Statement (GEIS) for new in situ leach (ISL) uranium mining in Nebraska, New Mexico, South Dakota and Wyoming. If approved, the NRC would apply the document to every proposed ISL minesite in those four states, rather than conducting site-specific environmental impact statements.  A Generic EIS would limit public participation in licensing proceedings, and would reduce the type of studies required at each site.  The agency issued a 500-page Draft Generic EIS in July 2008. In August 2008, we successfully petitioned the agency to extend its public comment period by 60 days.  During that time, we conducted an in-depth legal and technical review of the document, and submitted comments in November 2008, with national groups and groups from California, New Mexico and South Dakota signing on. 

06/04/2009 - NRC Issues Final Environmental Report on Uranium Recovery Operations, Announces Change in Review Approach Go to press release

11/07/2008 - Comments Submitted on Nuclear Regulatory Commission’s Draft Generic Environmental Impact Statement for In-Situ Leach Uranium Milling Facilities on behalf of SRIC, BVDA, ENDAUM and the Haaku Water Office of the Acoma Pueblo, and with the support of other organizations and individuals.

Review the proposed oil and gas ordinance for Rio Arriba County.

Assist residents in San Miguel in drafting an oil and gas ordinance, and in advocating that ordinance to the County Commission.