New Mexico Environmental Law Center

“Form 990 is reviewed with the finance committee prior to filing. A copy of the 990 is provided to each member of the governing board. The finance committee reports on the substance of the form to the board.”

“All members of the governing body and management are keenly aware of the conflict of interest policy. Potential conflicts are discussed at board meetings and anyone with a potential conflict is recused.”

“The organizaion conducts a review of the salaries paid by other organization's salaries to ensure they are comparable for this and other positions. The review is conducted on an annual basis as part of the budget preparation process for the following fiscal year which is approved by the board of directors.the organization regularly participates in annual salary information surveys so that the organization can recieve copies of the results to use in establishing its employee compensation, including that of the executive director. Approval of pay is documented in the board meeting minutes.”

“The organization does not currently compensate anyone in these classes but if it were to it would go by the same process for determining compensation of the executive director.”

“Governing documents, conflict of interest policy and audited financial statements are made available to the public upon request.”

“To protect new mexico's communities and their air, land and water in the fight for environmental justice. The law center's effective legal advocacy and representation on environmental and environmental justice issues will protect new mexico's communities and cultures, and ensure clean air, land and water for all. The work of the law center is made possible by tax- deductible contributions from individuals, businesses, foundations and limited earned income.”

“Case 1 augustin plains ranch, llc v. Tom blaine, p.e. New mexico seventh judicial district court, d-728-cv-xxx-xx-xxxx; new mexico court of appeals case a-1-ca-38615. Background: in 2014, the augustin plains ranch, llc ("apr") submitted a materially identical application as one that was previously submitted in 2007, to appropriate 54,000 acre feet of water annually from the san agustin basin for the purposes of "municipal- and "commercial sales" with the new mexico office of the state engineer. The new mexico environmental law center represents water users and organizations in the san agustin basin opposing apr's application. Apr's 2007 application was denied by the state engineer in 2011. That denial was upheld by the new mexico seventh judicial district court in 2012, and apr's appeal of that decision to the state court of appeals was ultimately dismissed. Apr's 2014 application was also denied by the state engineer on the basis that it was speculative, and upheld by the new mexico seventh judicial district court. Apr appealed that ruling to the new mexico court of appeals. The state court of appeals overturned the district court decision regarding one of its bases for its decision. Three parties filed petitions for writ of certiorari to the new mexico supreme court, and on october 28, 2022, the supreme court denied all three petitions for certiorari, returning the case to the district court for additional litigation during 2023. In 2024, the new mexico seventh judicial district court granted summary judgment for the state engineer, finding that the application was speculative. The final order was filed on august 23, 2024 and although it was appealed, the law center did not continue representing clients on appeal and closed out this case. . Public interest: ground water in new mexico "belongs to the public." nmsa 1978, 72-12-1 (2003). Our state's groundwater does not belong to the owners of private property above ground water. Although individuals and entities may use groundwater for "beneficial use," subject to appropriate authorization from the state, id., ground water in new mexico is a public resource to be protected. Additionally, the constitution declares that "water and other natural resources of this state" are "of fundamental importance to the public interest, health, safety and the general welfare." n.m. Const. Art. Xx, 21. Public water in new mexico is held in trust by the state for the benefit of the public. New mexico v. G.e., 467 f.3d 1223, 1243 (10th cir. 2006). This case deals with the public interest regarding groundwater appropriations, as well as the protection of traditional ways of life in rural new mexico. If apr is successful and its application is ultimately approved, over 17 billion gallons of water would potentially be transported out of the san agustin plains, a traditional rural community, to the greater albuquerque metro area for further development of new mexico's largest city. Attorneys' fees: the new mexico environmental law center has neither sought nor recovered any attorneys' fees from an opposing party in this case. Case 2 nuclear watch new mexico v. United states department of energy, los alamos national security, llc, and the new mexico environment department united states district court for the district of new mexico case 1:16-cv-0043-jch-scy. Background: in 2005, the new mexico environment department ("nmed") entered into a consent order with the university of california, which was at that time the sole operator of the los alamos national laboratory ("the laboratory"), on behalf of the united states department of energy, concerning requirements for the remediation of toxic waste buried in unlined pits and trenches (so-called legacy waste) from the making of nuclear explosives and related war-time activities. The hazardous waste bureau of the nmed allowed numerous mandatory deadlines for various aspects of the remediation process to expire or be extended outside the terms required under”