Case Work: Air

Honstein Fuel Depot

LOCATION: Albuquerque, NM
INITIATION DATE: June 2014
CLIENTS/PARTNERS: SouthWest Organizing Project
OPPOSING PARTIES: Honstein Oil
STATUS: Ongoing
ATTORNEYS: Eric Jantz

SUMMARY:

The Honstein Oil Co. operated a 6,000 gallon fuel facility in San Jose neighborhood for decades without a permit. It finally obtained that permit in 2013, which led NMELC and its clients to challenge the City/County for failing to take into account “cumulative air quality impacts” (how all of the air pollution in the neighborhood affects residents – not just the emissions from one facility) and therefore failing to uphold their mandate under the New Mexico Air Quality Control Act to ‘prevent or abate air pollution.’ The City/County claims it is too poor to monitor air quality in the neighborhood, yet spent more than $100,000 on attorneys and experts to challenge our clients. An appeal was held in early 2017, and we are awaiting a response.

LATEST NEWS:

05/10/2017 – NMELC filed Notice of Appeal in New Mexico Court of Appeals. Notice of Appeal
04/12/2017 – Albuquerque Bernalillo County Air Quality Board unanimously voted to deny our clients’ appeal. Read press release.
04/05/2017 – NMELC filed Objections to the Hearing Officer’s Report, Proposed Findings of Fact and Conclusions of Law. Petitioners’ Objections to the Hearing Officer’s Report, Proposed Findings of Fact and Conclusions of Law
03/03/2017 – NMELC filed closing arguments. Petitioners’ Closing Arguments, Proposed Findings of Fact and Conclusions of Law
01/11/2017 – Hearing began on appeal of Permit No. 3131.
06/22/2015 – Oral arguments to be heard Tuesday, June 30th in Albuquerque before the Albuquerque Air Quality Control Board.
06/08/2015 – NMELC filed Response in Opposition to Motion to Vacate and Brief for Summary Disposition. Petitioners’ Response in Opposition to the Environmental Health Department’s Motion and Brief for Summary Disposition
04/29/2015 – Albuquerque Environmental Health Department Air Quality Program filed Motion to Vacate and Brief for Summary Disposition.
04/08/2015 – NMELC filed Notice of Intent to Present Technical Testimony. Petitioners’ Notice of Intent to Present Technical Testimony
08/12/2014 – NMELC filed petition for appeal. Petition for a Hearing on Permit
03/12/2014 – Albuquerque-Bernalillo County Air Quality Control Board Meeting Transcript, Page 65 – Parker Quote