Protecting New Mexico's Environment and Natural Resources
Massachussetts v. EPA (2007)
The United States Supreme Court ruled 5-4 in favor of New Mexico and eleven other
states and various municipalities and environmental groups in Massachussetts v.
EPA. The lawsuit focused on a section of the Clean Air Act that requires
the administrator of the U.S. Environmental Protection Agency “shall”
set emission standards for “any air pollutant” from new motor vehicles
which cause or contribute to air pollution that may be reasonably anticipated to
endanger public health or welfare. The Court held that greenhouse gases such
as carbon dioxide are pollutants under the Clean Air Act and EPA has authority to
regulate those gases in motor vehicles. The Court also held that EPA can decide
not to regulate greenhouse gases “only if it determines that greenhouse gases
do not contribute to climate change, or if it provides some reasonable explanation
as to why it cannot or will not exercise its discretion to determine whether they
do.”
Valle Vidal (September 2005)
Comments to the Forest Supervisor on the proposed amendment to the Carson National
Forest's Land and Resource Management Plan for the Valle Vidal(PDF)
Otero Mesa
(April 2005) New Mexico’s Governor and Attorney General
announce lawsuit
on federal plan to drill at Otero Mesa.(PDF)
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF (PDF)
This case is currently on appeal in the United States Tenth Circuit Court of Appeals.
Department of Energy (DOE) sites
Waste Isolation Pilot Plant
The State regulates the Waste Isolation Pilot Plant (WIPP) through a permit issued
under the Hazardous Waste Act. From time to time the DOE seeks to amend that permit,
usually to change methods of waste characterization and management. The Attorney
General’s Office reviews these proposed amendments and provides comments to
the Environment Department to insure that the public health and safety is protected.
Los Alamos National Laboratory
The Attorney General’s Office focuses on issues off environmental restoration
(i.e., cleanup) of Los Alamos National Laboratory (LANL). LANL is regulated by a
Hazardous Waste Act permit issued by the Environment Department (NMED). Cleanup
is covered by the Hazardous and Solid Waste (HSWA) module of the permit. The Attorney
General’s Office assists NMED in enforcement of its permits. In addition,
the Attorney General’s Office and the Office of the Natural Resources Trustee
have begun discussions with DOE to resolve natural resource damage claims at LANL.
Sandia National Laboratories
The Attorney General’s Office has been supporting the New Mexico Environment
Department in negotiations regarding the cleanup of hazardous waste. A proposed
settlement is currently under review.
Natural Resource Damages
The Attorney General represents the Office of the Natural Resources Trustee (ONRT),
which is empowered to seek recovery for injury to natural resources under the federal
CERCLA statute. Working with the ONRT staff, we have formed a cooperative relationship
with the U.S. Department of the Interior and the U.S. Department of Agriculture
under which the three agencies are jointly pursuing natural resource damage claims
in cases where state and federal interests are involved.
Molycorp, Inc. Questa Mine-Mill site
The state and federal trustees have negotiated an agreement with Molycorp, Inc.,
under which Molycorp, will finance the cost of assessing damages to natural resources
in cooperation with the state and federal trustees. It is hoped that this cooperative
assessment will lead to a cooperative agreement to restore or replace damaged natural
resources.
Phelps Dodge Inc. Chino and Tyrone sites
The Attorney General’s Office and the ONRT along with the federal trustees
have negotiated an agreement with Phelps Dodge with a goal of creating a cooperative
approach to the assessment of natural resource damages from mining operations.
Burlington Northern Santa Fe Railroad – Clovis site
The Attorney General’s Office and the ONRT have negotiated a settlement agreement
with BNSF for natural resources damages at this site.
Burlington Northern Santa Fe Railroad – Albuquerque tie treater site
The Attorney General’s Office and the ONRT have negotiated a settlement with
the BNSF for natural resources damages at this site.
Environmental Crimes Unit
In recognition of the vital importance of maintaining New Mexico’s precious
environment, the Attorney General’s Office formally established the first
ever Environmental Crimes Unit in the Water, Environment and Utilities Division.
Working with the Prosecutions Division of the Attorney General’s Office, this
unit will investigate and criminally prosecute violations of state environmental
laws.
Hector Villa, Frontera Environmental
After his sentencing 5/9/02 for 8 felony counts pursued under New Mexico’s
Water Quality Act, this defendant appealed his conviction to the state Court of
Appeals. The defendant was found guilty by a Las Cruces jury of 8 felony counts
for violating a permit. The Court of Appeals entered a decision October 10, 2003,
reducing these crimes to attempts at violating a permit, thereby reducing the felonies
to misdemeanors. The case was remanded to the Third Judicial District Court and
he as resentenced.
Although the decision reduced the criminal liability for the defendant, the Court
did not absolve defendant of all guilt for the acts he committed. This case is the
first litigated conviction of an environmental criminal in New Mexico, all other
prior convictions having been established through plea agreements. It is also the
first time an environmental consultant has been held accountable for the advice
and direction given to a business entity, in this case Valley By-Products, a Texas
rendering plant which was illegally dumping its waste in New Mexico. The case presented
the first opportunity to create criminal environmental case law in New Mexico, and
gives future prosecutions guidelines for pursuing justice under the environmental
laws of our state.