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nmelc.org A publication of the New Mexico Environmental Law Center, a non-profit, public interest law firm dedicated to protecting New Mexico’s environment and communities. Case Updates: ........ pages 1-3 Development News:.... pages 4-7 Green Business Partners:. page 4, 8 WINTER 2013 contents Twenty Five Years of Environmental and Community Victories 1 © photographs by Juana Colón Law Center leads way to court victory: Judge affirms no permit for San Augustin Ranch, LLC With the help of our members and donors, we’ve been winning the fight against a massive water grab in beautiful west-central New Mexico! Our second major victory came on November 15, 2012, when a state district court judge upheld a decision to deny a 54,000 acre-feet appropriation by the Augustin Plains Ranch. The ruling affirms the State Engineer’s decision in April 2012 to deny the Ranch’s application. Under the Western water system, big appropriations are legal – but the applicant must show, among other things, that it has an actual use for all of the water it seeks and that the water will be used in a timely manner. In spite of these requirements, the Ranch offered no specific plans in its application for what it would do with 17.5 billion gallons per year. Since 2008, the Law Center has provided free representation to more than 80 families in Catron and Socorro Counties in this case. But the outcome of this case would be felt far beyond Catron County: approval of the Ranch’s proposal would open the door to wide-scale water speculation throughout New Mexico. In January, the Ranch appealed the decision. Yet in our arid state, the story is far from over even if the Ranch's appeal is unsuccessful. The Albuquerque Journal reports that D.L. Sanders, lead attorney for the State Engineer, has urged the Ranch to submit a new application, stating, “We’re in favor of promoting innovative ideas like this.” As a supporter of the Law Center, you ensure that we can continue to fight speculation in water and promote equitable access and use of water for all of us who depend upon New Mexico’s water. Second Major Victory in Water Grab Case Martinez Administration Continues Attacks Copper Rule Latest Target If you live near a dairy, a dry cleaner, or a gas station (to name a few types of facilities that pollute groundwater), what is happening today in the Copper Rule case may impact your community tomorrow. The Copper Rule was intended to help protect water beneath open-pit copper mines. Over eight months in 2012, draft language was hammered out by a working group comprised of regulators, representa- tives from the state’s copper companies (primarily Freeport McMoRan, the largest publicly-traded copper company in the world) and advocates for the public interest, including our own Staff Attorney Bruce Frederick. The draft included concessions to the mining industry but also preserved critical, hard-won protections for groundwater. Then the political appointees got their hands on it. Ignoring the recommendations of their own technical staff, upper-level managers at the New Mexico Environment Department (NMED) revamped the draft Copper Rule to reflect comments made by [ continued on pg 2] The Augustin Plains water grab is one of the cases highlighted in our new short film, A Big Damn Deal. Check it out at nmelc.org.

Green Fire Report - Winter 2013

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Page 1: Green Fire Report - Winter 2013

N e w M e x i c oEnvironmenta l Law Center

TM 1405 Luisa Street, Suite #5 | Santa Fe, NM 87505505.989.9022 | www.nmelc.org

Non-Profit OrgUS Postage

PAIDSanta Fe, NM

Permit No. 259

RETURN SERV ICE REQUESTED

nmelc.orgA publication of the New Mexico Environmental Law Center, a non-profit, public interest law firm dedicated to protecting New Mexico’s environment and communities.

Case Updates: . . . . . . . . pages 1-3

Development News:. . . . pages 4 -7

Green Business Partners:. page 4, 8

We reached the old wolf in time

to watch a fierce green fire

dying in her eyes.

– Aldo LeopoldA Sand County Almanac

WINTER 2013

contents

Twenty Five Years of Environmental and Community Victories 1

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Law Center leads way to court victory: Judge affirms no permitfor San Augustin Ranch, LLC

With the help of our members and donors, we’ve been winning the fight against a massive water grab in beautiful west-central New Mexico!

Our second major victory came on November 15, 2012, when a state district court judgeupheld a decision to deny a 54,000 acre-feet appropriation by the Augustin Plains Ranch.The ruling affirms the State Engineer’s decision in April 2012 to deny the Ranch’s application.

Under the Western water system, big appropriations are legal – but the applicant mustshow, among other things, that it has an actual use for all of the water it seeks and thatthe water will be used in a timely manner. In spite of these requirements, the Ranchoffered no specific plans in its application for what it would do with 17.5 billion gallonsper year.

Since 2008, the Law Center has provided free representation to more than 80 families inCatron and Socorro Counties in this case. But the outcome of this case would be felt farbeyond Catron County: approval of the Ranch’s proposal would open the door to wide-scale water speculation throughout New Mexico.

In January, the Ranch appealed the decision. Yet in our arid state, the story is far fromover even if the Ranch's appeal is unsuccessful. The Albuquerque Journal reports thatD.L. Sanders, lead attorney for the State Engineer, has urged the Ranch to submit anew application, stating, “We’re in favor of promoting innovative ideas like this.”

As a supporter of the Law Center, you ensure that we can continue to fight speculationin water and promote equitable access and use of water for all of us who depend uponNew Mexico’s water.

Second MajorVictory inWater Grab CaseMartinez AdministrationContinues Attacks Copper Rule Latest Target

If you live near a dairy, a dry cleaner, or a gasstation (to name a few types of facilities thatpollute groundwater), what is happeningtoday in the Copper Rule case may impactyour community tomorrow.

The Copper Rule was intended to helpprotect water beneath open-pit coppermines. Over eight months in 2012, draft language was hammered out by a workinggroup comprised of regulators, representa-tives from the state’s copper companies (primarily Freeport McMoRan, the largestpublicly-traded copper company in theworld) and advocates for the publicinterest, including our own Staff AttorneyBruce Frederick. The draft included

concessions to themining industrybut also preservedcritical, hard-won protections forgroundwater.

Then the politicalappointees gottheir hands on it.

Ignoring the recommendations of theirown technical staff, upper-level managersat the New Mexico EnvironmentDepartment (NMED) revamped the draftCopper Rule to reflect comments made by

GreenFireReport winter 2013 issue Sponsor

Thank you to the Santa Fe Green Chamber ofCommerce, our newest Green Business Partner, forunderwriting this issue of the Green Fire Report.The Green Business Partner program offers a platformfor the Law Center and sustainably minded businessesto support each other’s common values and goals.

Please support our Green Business Partners.See page 4 for our complete roster.

Contact Informationwww.nmelc.org

505.989.9022 | [email protected]

Facebook.com/NMELC Twitter.com/NMELC

[ continued on pg 2]

NewMexico Environmental LawCenter

GreenBusinessPartner

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New Mex ico Environmental Law Center saved the following resources by using 210 pounds of ReincarnationMatte, made with 60% post-consumer waste and manufactured with electricity that is offset with Green-e®certified renewable energy certificates.

trees water energy solid wastegreenhouse

gases

1fully grown

589gallons

0.6Million BTUs

39pounds

109pounds

The Augustin Plains water grab is one of the cases highlighted in our new short film, A Big Damn Deal.Check it out at nmelc.org.

NewMexico Environmental LawCenter

GreenBusinessPartner

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3

To Join, contact the Chapter nearest you.

Santa FeP.O. Box 2796Santa Fe, NM 87504(505)[email protected]

Albuquerque& Rio Rancho P.O. Box 27733Albuquerque, NM87125 (505)[email protected]

Las Cruces125 N.Downtown MallLas Cruces, NM 88001(505)[email protected]

Southeast115 Gold Ave. S.W.,Suite 209,Albuquerque, NM87102(505) 244.3700 [email protected]

Southwest201 N. Hudson Street Silver City, NM 88062(505) [email protected]

TaosP.O. Box 3571 Taos, NM 87571(505) [email protected]

“The NM Green Chamber of Commerce is an invaluable resource for us to reach progressive individuals and businesses throughout our state.”

– Patricia Mattioli, CST Solar

Join over 1200 members, statewide, who are doing business better…and growing business together.

Mission:  The New Mexico Green Chamber of Commerce creates new opportunities

for business by advocating on behalf of renewable energy, strengthening local economies, and

seizing the green business advantage. Our members believe in investing in people, protecting

our air, land and water, and creating long-term profits. We are where profits and values meet.

Vision: The New Mexico Green Chamber of Commerce (NMGCC) and its local chapters

are a coalition of businesses and organizations dedicated to building healthy economies in

New Mexico’s diverse communities. nmgreenchamber.com

• Building Strong Local Economies

• Supporting Green Business Practices

• Growing Small Businesses

• Promoting Green Businesses to Consumers

• Creating Economic Development with Clean Energy

Page 2: Green Fire Report - Winter 2013

Case Updates

Twenty Five Years of Environmental and Community Victories 3

Case Updates

2 www.nmelc.org

Oil & Gas Pit Rule: Since 2008, the Law Center has defended the Pit Rule – regulations that protect water from toxic oil and gas drilling wastes. For the past year, we have represented the Oil and Gas Accountability Project in a public hearing process before the Oil Conservation Commission, whose Martinez appointees were sympathetic to industry. In February, the Commission adopted four key industry amendments with some modifications. We anticipate that we will appeal its decision.

2013 Legislative Session: For its 25th time, the Law Center is defending New Mexico's environment and communities during the state legislative session. With a 60-day session in progress, we’re up to our necks in late nights and long hearings as we work to convince legislators thatwater quality, public health, and civic participation are issues they should support.

Who is MakingDecisions for Our Environment?With your support, the Law Center isopposing many of the decisions madeby Governor Martinez’s appointees –especially those who have potentialbiases in favor of policies that wouldbenefit clients of their current or formeremployers. Some of the conflicts we arechallenging:

RYAN FLYNN, ESQ. Prior to headingthe legal department at the New MexicoEnvironment Department, Mr. Flynnworked as an Associate Attorney for theModrall Sperling law firm. The Modrallfirm represents Freeport McMoRan (andits predecessor Phelps Dodge). For years,its attorneys have argued strenuously,albeit unsuccessfully, to undermine theWater Quality Act at the Tyrone, Chinoand Cobre copper mines.

ELIZABETH RYAN, ESQ. Ms. Ryan is aMartinez appointee to the EnvironmentalImprovement Board. In 2011, she washired by Beatty & Wozniak, a law firmthat represents major oil and gas companies. Shortly thereafter, Ms. Ryanvoted to kill the State’s new greenhousegas limits, which were opposed by theoil & gas industry.

ROBERT BALCH, PH.D. Before joiningthe Oil Conservation Commission, Dr.Balch told members of the oil and gasindustry, “The new [Pit Rule] makes itharder for you to operate, makes wellsmore costly…I hope we can form adialogue that will genuinely improvethe situation.” Commissioner Balchvoted to adopt amendments thatwould gut the Pit Rule.

© p

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< The Chino copper mine near Silver City is the nation’s 4th largest open-pit mine. A weak Copper Ruleis being advocated by its owner, Freeport McMoRan.

Big Copper. “This draft, which purportsto be a statewide regulation to preventwater pollution,”wrote Frederick in ascathing letter to agency Secretary DavidMartin, “is now specifically designed toaccommodate Freeport McMoRan’s desireto pollute groundwater...”

Should the copper industry receive such a regulatory gift from the MartinezAdministration, we anticipate that otherindustries will line up for similar treatment.

The pro-pollution Copper Rule languagewent to the Water Quality ControlCommission in November 2012 for consideration. In December, the Law Centerand its co-counsel, Tracy Hughes, of HighDesert Energy+Environment Law Partnersasked the Commission to dismiss the peti-tion on the grounds that the Rule wouldviolate the state’s Water Quality Act.

You can see Bruce Frederick’s letter, alongwith our case documents at nmelc.org.We represent the Gila ResourcesInformation Project, Amigos Bravos, and Turner Enterprises in this case.

Historic Settlement: The Navajo Nation and mining company Uranium Resources inked a historic deal in 2012, settling a case in which tribal police cited the company for trespass (the company must cross a strip of tribal land in order to access its private property.) The deal calls for the company to remediate Cold War-erawaste at its first proposed minesite before it can begin mining. With the LawCenter at its side, the Eastern Navajo Diné Against Uranium Mining(ENDAUM) will be an ardent advocate for effective reclamation in those efforts.

[ Martinez Administration, continued from page 1]

“The interests of protecting publichealth and safety and our state’s

natural resources appear to have beenoverridden by the one company

with the most to gainfrom revising these regulations.”

–Letter to Secretary Martin

Dairy Update:For the third time in three years, we are at work to protect groundwater from factory farm waste. The dairy industryhas petitioned the Water Quality Control Commission to weaken several provisions in New Mexico’s new dairy groundwater regulations. Unfortunately for our water supplies, the Commission is circumventing several laws by considering the petition. The hearing begins in July.

Navajo Mining Ban Under Threat: Uranium Resources (formerly Hydro Resources) has hired former Navajo NationPresident Albert Hale to lobby for the repeal of the Navajo Nation’s ban on uranium mining and milling. Hale served as President of the Navajo Nation from 1994-1998, when he was forced to step down after his indictment on dozens of federal charges. The Law Center is working with ENDAUM to defend this landmark law.

Mount Taylor Mine Goes to Court: The Cold War-era Mount Taylor Mine won its fourth mining permit renewal in 2012. The Law Center and its clients, the Multicultural Alliance for a Safe Environment and Amigos Bravos, argued that the State should require the uranium mine, shuttered since 1990, to begin reclamation in order to mitigate ongoing contamination. Now we are in district court, arguing that the state Miningand Minerals Division shut the public out of the permit hearing process. We’ve already won one victory to date: our effortspressured the agency to require the mining company to update its financial assurance and closeout plan for the first time in nearly 15 years.

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Want to dig deeper into our cases? Find out more at nmelc.org.

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Uranium: In January, UraniumResources, Inc. had to conducta “reverse stock split” so thatits stock wouldn’t be delistedfrom the NASDAQ due to itslow price.

Dairy: Groundwater beneath 57% of New Mexico’s dairies is already contaminated.

Administrative: GovernorMartinez’s administration hasattacked regulations (existingand pending) meant to protectwater quality, air quality, andenergy conservation.

Oil & Gas: NM has more than 100,000 oil and gas wells(active and abandoned) withless than 100 State inspectorsto regulate them.

Page 3: Green Fire Report - Winter 2013

Case Updates

Twenty Five Years of Environmental and Community Victories 3

Case Updates

2 www.nmelc.org

Oil & Gas Pit Rule: Since 2008, the Law Center has defended the Pit Rule – regulations that protect water from toxic oil and gas drilling wastes. For the past year, we have represented the Oil and Gas Accountability Project in a public hearing process before the Oil Conservation Commission, whose Martinez appointees were sympathetic to industry. In February, the Commission adopted four key industry amendments with some modifications. We anticipate that we will appeal its decision.

2013 Legislative Session: For its 25th time, the Law Center is defending New Mexico's environment and communities during the state legislative session. With a 60-day session in progress, we’re up to our necks in late nights and long hearings as we work to convince legislators thatwater quality, public health, and civic participation are issues they should support.

Who is MakingDecisions for Our Environment?With your support, the Law Center isopposing many of the decisions madeby Governor Martinez’s appointees –especially those who have potentialbiases in favor of policies that wouldbenefit clients of their current or formeremployers. Some of the conflicts we arechallenging:

RYAN FLYNN, ESQ. Prior to headingthe legal department at the New MexicoEnvironment Department, Mr. Flynnworked as an Associate Attorney for theModrall Sperling law firm. The Modrallfirm represents Freeport McMoRan (andits predecessor Phelps Dodge). For years,its attorneys have argued strenuously,albeit unsuccessfully, to undermine theWater Quality Act at the Tyrone, Chinoand Cobre copper mines.

ELIZABETH RYAN, ESQ. Ms. Ryan is aMartinez appointee to the EnvironmentalImprovement Board. In 2011, she washired by Beatty & Wozniak, a law firmthat represents major oil and gas companies. Shortly thereafter, Ms. Ryanvoted to kill the State’s new greenhousegas limits, which were opposed by theoil & gas industry.

ROBERT BALCH, PH.D. Before joiningthe Oil Conservation Commission, Dr.Balch told members of the oil and gasindustry, “The new [Pit Rule] makes itharder for you to operate, makes wellsmore costly…I hope we can form adialogue that will genuinely improvethe situation.” Commissioner Balchvoted to adopt amendments thatwould gut the Pit Rule.

© p

hot

o co

urt

esy

of L

igh

thaw

k

< The Chino copper mine near Silver City is the nation’s 4th largest open-pit mine. A weak Copper Ruleis being advocated by its owner, Freeport McMoRan.

Big Copper. “This draft, which purportsto be a statewide regulation to preventwater pollution,”wrote Frederick in ascathing letter to agency Secretary DavidMartin, “is now specifically designed toaccommodate Freeport McMoRan’s desireto pollute groundwater...”

Should the copper industry receive such a regulatory gift from the MartinezAdministration, we anticipate that otherindustries will line up for similar treatment.

The pro-pollution Copper Rule languagewent to the Water Quality ControlCommission in November 2012 for consideration. In December, the Law Centerand its co-counsel, Tracy Hughes, of HighDesert Energy+Environment Law Partnersasked the Commission to dismiss the peti-tion on the grounds that the Rule wouldviolate the state’s Water Quality Act.

You can see Bruce Frederick’s letter, alongwith our case documents at nmelc.org.We represent the Gila ResourcesInformation Project, Amigos Bravos, and Turner Enterprises in this case.

Historic Settlement: The Navajo Nation and mining company Uranium Resources inked a historic deal in 2012, settling a case in which tribal police cited the company for trespass (the company must cross a strip of tribal land in order to access its private property.) The deal calls for the company to remediate Cold War-erawaste at its first proposed minesite before it can begin mining. With the LawCenter at its side, the Eastern Navajo Diné Against Uranium Mining(ENDAUM) will be an ardent advocate for effective reclamation in those efforts.

[ Martinez Administration, continued from page 1]

“The interests of protecting publichealth and safety and our state’s

natural resources appear to have beenoverridden by the one company

with the most to gainfrom revising these regulations.”

–Letter to Secretary Martin

Dairy Update:For the third time in three years, we are at work to protect groundwater from factory farm waste. The dairy industryhas petitioned the Water Quality Control Commission to weaken several provisions in New Mexico’s new dairy groundwater regulations. Unfortunately for our water supplies, the Commission is circumventing several laws by considering the petition. The hearing begins in July.

Navajo Mining Ban Under Threat: Uranium Resources (formerly Hydro Resources) has hired former Navajo NationPresident Albert Hale to lobby for the repeal of the Navajo Nation’s ban on uranium mining and milling. Hale served as President of the Navajo Nation from 1994-1998, when he was forced to step down after his indictment on dozens of federal charges. The Law Center is working with ENDAUM to defend this landmark law.

Mount Taylor Mine Goes to Court: The Cold War-era Mount Taylor Mine won its fourth mining permit renewal in 2012. The Law Center and its clients, the Multicultural Alliance for a Safe Environment and Amigos Bravos, argued that the State should require the uranium mine, shuttered since 1990, to begin reclamation in order to mitigate ongoing contamination. Now we are in district court, arguing that the state Miningand Minerals Division shut the public out of the permit hearing process. We’ve already won one victory to date: our effortspressured the agency to require the mining company to update its financial assurance and closeout plan for the first time in nearly 15 years.

1

1

2

1

2

Want to dig deeper into our cases? Find out more at nmelc.org.

©P

hoto

by

Juana

Co

lón

©P

hoto

by

Rod V

entu

ra

Uranium: In January, UraniumResources, Inc. had to conducta “reverse stock split” so thatits stock wouldn’t be delistedfrom the NASDAQ due to itslow price.

Dairy: Groundwater beneath 57% of New Mexico’s dairies is already contaminated.

Administrative: GovernorMartinez’s administration hasattacked regulations (existingand pending) meant to protectwater quality, air quality, andenergy conservation.

Oil & Gas: NM has more than 100,000 oil and gas wells(active and abandoned) withless than 100 State inspectorsto regulate them.

Page 4: Green Fire Report - Winter 2013

Board of DirectorsStuart Bluestone, President, Santa FeFrank Sanchez, Vice-President, RoswellEileen Gauna, Secretary, Albuquerque

Harry Browne, Treasurer, Silver City

Myron Armijo, Santa Ana Pueblo

Diana Bustamante, La Mesa

Michael Casaus, Albuquerque

Susanne Hoffman-Dooley, Santa Fe

Donna House, Alcalde

Renee Ingold, Cerrillos

A.Paul Mitchell, Las Cruces

Leona Morgan, Albuquerque

Kitty Richards, Albuquerque

StaffJonathan M. Block, Staff Attorney

Juana Colón, Communications Officer

Bruce Frederick, Staff Attorney

Eric Jantz, Staff Attorney

Shelbie Knox, Development Officer

Douglas Meiklejohn, Executive Director

Yana Merrill, Director of Finance & Admin

Elizabeth Lee, Director of Philanthropy

It is my pleasure to welcome new staffmember Elizabeth Lee to the Law Center.Elizabeth (who also answers to Liz)holds the title of Director of Philanthropy,filling the position left vacant by the passing of Sebia Hawkins last year.Elizabeth has spent more than 30 yearsin the communications field (includingstints in advertising and journalism) covering diverse activities, organizations,and cultures. One of her main areas offocus was the nexus of environment,population and women’s health issues.

Elizabeth moved to Santa Fe fromWashington, DC in 1995, and has spentthe past nine years dedicated to nonprofitfundraising. She earned her certificationas a Certified Fundraising Executive in 2012.

Prior to joining the Law Center, Liz wasthe Prospect Research and ManagementAssociate at the School for AdvancedResearch in Santa Fe. Previous to thatshe served as Director of Developmentfor Las Cumbres Community Services, a social services agency serving northernNew Mexico.

Elizabeth has traveled to and worked inmany different countries, includingMadagascar, Morocco, Bolivia, Brazil,Jordan, Thailand, and Nepal. She has a deep love of the natural world, andbefore having her two children, shespent many hours outdoors hiking, biking and climbing.

She looks forward to getting to knowyou. If you have any questions for her,or would just like to say hello, pleaseemail her at [email protected], or giveher a call at (505) 989-9022, extension 27.

Yours truly,Doug Meiklejohn

Executive Director

ink wellproductionstionsoducpr

ellink w

Twenty Five Years of Environmental and Community Victories 5

Development News

4 www.nmelc.org

Development News

Twenty-fifth Anniversary Kick-off

Supporters Gay Dillingham and Andrew Ungerleider opened their home to the Law Center family in September to celebrate 25 years of victories for the New Mexico’s environment and communities.

Thank you to our honorary benefit committee: U.S. Senator Tom Udall andMrs. Jill Cooper, N.M. Representative Antonio Lujan, Gay Dillingham and AndrewUngerleider, Tony Abeyta, Sadaf Cameron, Bernard and Melinda Ewell, Jim and Suzanne Gollin, Kimi Ginoza Green, Lynda Taylor and Robert Haspel, Jennifer Marshall, Michelle Mosser, and Katie Zemlick.

HurleyMediaLLC

RESOURCESFOR CHANGE, INC.

KESHIthe zuni

DunbarStained Glass

NewMexico Environmental LawCenter

GreenBusinessPartner

201

3

Thank You Green Business Partners!For more information, please contact Elizabeth Lee at [email protected].

NMELC Board President Stuart Bluestoneintroduces Mrs. Jill Cooper-Udall

Host Gay Dillingham kicks offthe festivities and Doug with

Communications Officer, Juana Colón (right).

We’ll be auctioning off Dan Godfrey’s beautifuloriginal oil painting El Sendero later this year.If you would like to contribute goods or servicesto our auction, please contact Elizabeth Lee [email protected], or call(505) 989-9022; find more of Dan’s work at dangodfrey.com.

Thanks to SouthwestSeminars for the best lecture series yet! We’regrateful for ten wonderfulyears of Mother Earth,Father Sky: Perspectives onthe Environment and theWest in our honor. Andspecial thanks to lecturerKirt Kempter for the dona-tion of his beautiful photocanvases for our benefit!

We were thrilled to present Marcy Leavitt with the Karl Souder Water ProtectionAward in December. It was a bittersweet moment in which we also noted the loss ofKarl’s father, Arnold Souder, who passed away earlier in the week. (Left: Karl’s daughter Emily Souder and widow Jennifer Pruett make the presentation to Marcy.)

Guy LeSage, Financial Advisor

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PleaseWelcome

A Big Damn Deal:

The New Mexico Environmental Law Center kicks off the celebration of its 25th Anniversary with theshort original film “A Big DamnDeal,” created by Emmy-award winning filmmaker Debra Anderson (director and producer of the documentary "Split Estate").When you watch it, you’ll catch a glimpse of a few of the compellingstories from the communities where we work. Find it at nmelc.org/25years.

Page 5: Green Fire Report - Winter 2013

Board of DirectorsStuart Bluestone, President, Santa FeFrank Sanchez, Vice-President, RoswellEileen Gauna, Secretary, Albuquerque

Harry Browne, Treasurer, Silver City

Myron Armijo, Santa Ana Pueblo

Diana Bustamante, La Mesa

Michael Casaus, Albuquerque

Susanne Hoffman-Dooley, Santa Fe

Donna House, Alcalde

Renee Ingold, Cerrillos

A.Paul Mitchell, Las Cruces

Leona Morgan, Albuquerque

Kitty Richards, Albuquerque

StaffJonathan M. Block, Staff Attorney

Juana Colón, Communications Officer

Bruce Frederick, Staff Attorney

Eric Jantz, Staff Attorney

Shelbie Knox, Development Officer

Douglas Meiklejohn, Executive Director

Yana Merrill, Director of Finance & Admin

Elizabeth Lee, Director of Philanthropy

It is my pleasure to welcome new staffmember Elizabeth Lee to the Law Center.Elizabeth (who also answers to Liz)holds the title of Director of Philanthropy,filling the position left vacant by the passing of Sebia Hawkins last year.Elizabeth has spent more than 30 yearsin the communications field (includingstints in advertising and journalism) covering diverse activities, organizations,and cultures. One of her main areas offocus was the nexus of environment,population and women’s health issues.

Elizabeth moved to Santa Fe fromWashington, DC in 1995, and has spentthe past nine years dedicated to nonprofitfundraising. She earned her certificationas a Certified Fundraising Executive in 2012.

Prior to joining the Law Center, Liz wasthe Prospect Research and ManagementAssociate at the School for AdvancedResearch in Santa Fe. Previous to thatshe served as Director of Developmentfor Las Cumbres Community Services, a social services agency serving northernNew Mexico.

Elizabeth has traveled to and worked inmany different countries, includingMadagascar, Morocco, Bolivia, Brazil,Jordan, Thailand, and Nepal. She has a deep love of the natural world, andbefore having her two children, shespent many hours outdoors hiking, biking and climbing.

She looks forward to getting to knowyou. If you have any questions for her,or would just like to say hello, pleaseemail her at [email protected], or giveher a call at (505) 989-9022, extension 27.

Yours truly,Doug Meiklejohn

Executive Director

ink wellproductionstionsoducpr

ellink w

Twenty Five Years of Environmental and Community Victories 5

Development News

4 www.nmelc.org

Development News

Twenty-fifth Anniversary Kick-off

Supporters Gay Dillingham and Andrew Ungerleider opened their home to the Law Center family in September to celebrate 25 years of victories for the New Mexico’s environment and communities.

Thank you to our honorary benefit committee: U.S. Senator Tom Udall andMrs. Jill Cooper, N.M. Representative Antonio Lujan, Gay Dillingham and AndrewUngerleider, Tony Abeyta, Sadaf Cameron, Bernard and Melinda Ewell, Jim and Suzanne Gollin, Kimi Ginoza Green, Lynda Taylor and Robert Haspel, Jennifer Marshall, Michelle Mosser, and Katie Zemlick.

HurleyMediaLLC

RESOURCESFOR CHANGE, INC.

KESHIthe zuni

DunbarStained Glass

NewMexico Environmental LawCenter

GreenBusinessPartner

201

3

Thank You Green Business Partners!For more information, please contact Elizabeth Lee at [email protected].

NMELC Board President Stuart Bluestoneintroduces Mrs. Jill Cooper-Udall

Host Gay Dillingham kicks offthe festivities and Doug with

Communications Officer, Juana Colón (right).

We’ll be auctioning off Dan Godfrey’s beautifuloriginal oil painting El Sendero later this year.If you would like to contribute goods or servicesto our auction, please contact Elizabeth Lee [email protected], or call(505) 989-9022; find more of Dan’s work at dangodfrey.com.

Thanks to SouthwestSeminars for the best lecture series yet! We’regrateful for ten wonderfulyears of Mother Earth,Father Sky: Perspectives onthe Environment and theWest in our honor. Andspecial thanks to lecturerKirt Kempter for the dona-tion of his beautiful photocanvases for our benefit!

We were thrilled to present Marcy Leavitt with the Karl Souder Water ProtectionAward in December. It was a bittersweet moment in which we also noted the loss ofKarl’s father, Arnold Souder, who passed away earlier in the week. (Left: Karl’s daughter Emily Souder and widow Jennifer Pruett make the presentation to Marcy.)

Guy LeSage, Financial Advisor

©ph

oto

cou

rtes

y of

Jam

ie D

ougl

ass

PleaseWelcome

A Big Damn Deal:

The New Mexico Environmental Law Center kicks off the celebration of its 25th Anniversary with theshort original film “A Big DamnDeal,” created by Emmy-award winning filmmaker Debra Anderson (director and producer of the documentary "Split Estate").When you watch it, you’ll catch a glimpse of a few of the compellingstories from the communities where we work. Find it at nmelc.org/25years.

Page 6: Green Fire Report - Winter 2013

ThankYou

Twenty Five Years of Environmental and Community Victories 76 www.nmelc.org

Development News

Don HydeTova IndritzRenee IngoldPatricia JahodaMary JebsenAmy JenkinsThomas and Carlyn JervisStephen JettStephanie E. JohnsonCandida JonesDoug JonesRichard and Ella JonesRobert and Ethlyn JonesSteve KahnMark KalinNorty and Summers KalishmanJohn KaronDaisy KatesDavid KingBarbara and Tobey KingDon Kirby and Joan GentryRichard Klein and Claire ZoellerPat KlockeShelbie Knox and David ClarkSandra KoenigRuth and Paul KovnatKozon Law Office, PCPatricia KuhlhoffCarol and Marvin LachmanDiana LahmBrigitte LaingLakind Dental GroupMichael and Barbara LangnerSylvia and Richard LaPanDavid and Barbara LarsonRobin LaughlinChristian LeahyJames LearCollis Lee, Jr.Elizabeth LeeLinda LeeDeirdre LennihanPaul LeoCharlotte LevinsonGreg and Amy LewisJudith Lewis and Richard LevitonJason A. LillegravenVictoria Linehan and Michael Hasson

Carlie Lines and B.C.RimbeauxDebra LinkLucy LippardLarry and Julianne LittlefieldWanda LobitoRobert LoftfieldJohn Loges and Lori Remegio-Loges

Mildred LopezMr. and Mrs. Donald R. Lundgren

Andrew LustigOuida MacGregorEileen MandelClaire MandevilleGayle MangesMario ManzoEdward MarinsekJennifer B. MarshallJames C.and Sherry MartinMarianne A. MartinezJanos MatéNorma McCallanSusan McGreevyRoy D. McKeagMatthew McQueenDouglas and Harriet MeiklejohnAlexander M. MeiklejohnColin MeiklejohnStuart MeiklejohnJoyce and Steve

Melander-DaytonDaniel MeriansYana MerrillBetsy MillardDavid Milliken and Laura EllisCharlotte MinterA. Paul Mitchell and Genevieve Chavez

Lois Mohr and Tom ArnerDennis MontoyaGeorge and Karen MorrisLetitia MorrisSusan MorrisVirginia Mudd and Clifford BurkeWerner and Helen MullerRobert and Shirley Ann MyersJulia and Albert NathansonJudith NaumbergRichard Neuman and Sharon Kellum Neuman

Eizo Nishiura and Ruth NelsonAndrew NowakStanley and Nancy NoyesTerry OdendahlBart and Colleen OlingerEric and Lisa OppenheimerSandra OrielPeter and Jean OssorioPatricia Owens-MarkoGeorge and Elisa PackardJim and Jan PattersonDavid PattonMary Anne PerkowskiSusan PerleyRoger PetersonClaudia M. PhillipsJon PierpontSarah Piltch and David HeberEllen Pinnes

Ray and Carol PittmanDale Pontius and Bonnie JacobsNicholas PotterCarol and George PriceV.B. and Rini PriceJennifer Pruett and Kennan Girdner

Sheila PugachDr. Patrick and Stacy QuinnJeff RadfordBonnie RaittGrace RalstonBishop Ricardo RamirezCatherine RandolphEdward and Melanie RanneyMary Katherine RayBarbara and Fred RaznickMargaret and Lewis ReadeGeri RhodesJean RichardsAnna RichardsRonald RinkerElsa RiosMary B. RiseleyRhonda RiveraEdward Roden-LuceroRobby RodriguezDavid Rose and Ceil MurrayEllen Rosen and Bruce ReynoldsJudith Rice RothschildPaul RowlandPamela Roy Richard J. RubinWilliam Ruggles and Douglass Rankin

Tamara Saimons and Kathryn Turnipseed

Al and Mary Anne SanbornJohn McAllen ScanlanRobert SchillerDavid SchlessingerEric SchmiederRich Schrader and Carol Gish Schrader

Merry SchroederMary SchrubenNan SchwanfelderFairholm Builders, Inc.Shirley B. Scott, M.D., P.C.Geoff ShandlerLaurence Shandler, M.D., and Joan Shandler

Patricia A. SheelyLelia and Robert SheppersonBetsy and Tom ShillinglawJanet SimonKen and Martha SimonsenL.R. and Mary Alice SitneyAllyson Siwik

Bradley and Jonny SkinnerVera SnyderEileen SouderJohn J. SparacioBeverley Spears and Philip Crump

Hugo SteensmaMarc Stess and Alice SealeyJean StokesStone ForestGavin F. StrathdeeKim Straus and Jack LainJudith StromPersis SuddethCathie SullivanJeffrey SussmannScott SwearingenJan M. TarrGretchen TaylorDyanna TaylorSimon TeolisGlen C.Thamert and Myra MaherDiana L. ThatcherGordon and Mary Anne Thompson

Andrea Escher andTodd Tibbals

Frank Titus, Ph.D.Kay TreakleDenise Trochei and Michael Snouffer

Jim and Cynthia TuiteJere and Harry TurnerTurner FoundationE.H. Uhlenhuth, M.D.Alice van BurenD.D. Van SoelenGordon VeneKlasenRoderick Ventura and Jo HaddadJBV CoachingSusan M. VerkampDonna and John VogelAdair L. Waldenberg and Jon K. Peck

Jana WalkerAndrew WallersteinRichard WarrenL. WatchempinoMarcia and Jim WeatherstoneDeborah WeinbergAnne D. WernerStanley WernickJoan and Truel WestBarbara WhiteRobert WickhamAnne Heath WidmarkRichard and Martha WilderPaul WilkenGail and Jay Willson

Karin Marie WinnEd and Marilyn Winter-TamkinPatricia WoodT & E IncorporatedPeter and Maureen WurzburgerArlene ZarembkaKatie Zemlick and Rand LevittNaida Zucker and Richard Spellenberg

Gifts made in honor of:Leslie BarclayDr. David BruggeEsperanza CarreonCrownpoint Rug Weavers Assoc.Eastern Navajo Diné Against Uranium Mining (ENDAUM)

Bruce FrederickMaxine GoadShale HunterNew MexicoDavid RobertsonJohn ScanlanAnne SullivanRichard Boyle and Anne Cooper

Gifts made in memory of:A Dear FriendAunt GraceYvette BestUrsula A. GraySebia HawkinsDavid HendersonWerni HeoltschiKeith A. KellumTom MaherElizabeth MeiklejohnPeter K. MartinArnold SouderBarbara SteinElva ThamertPaul V. ThompsonJohn Young

Amazing VolunteersLynda BrownElizabeth Cook RomeroClaire Deschambre, law clerk (and Frances)

Jamie Douglass (and Tucker)Kimi Ginoza GreenDon GoldmanAdi Hila SwisaJennifer Marshall (Marshall Plan)Michelle Mosser (Grace Comm)Rita Norton Joan WestJessica Wilkerson (and Caliente)

Lissa Callirhoe Christopher CalvertJoyce CardenLawrence CarreonCaroline CarvilleMichael CasausJohn CatronMr. and Mrs.Thomas B. CatronRod ChambersSherryl Chandley-Brown and Gene Brown

Susan Chappell, Esq.Wendy ChaseBarbara ChatterjeePeter and Elizabeth ChestnutKathleen and Hugh ChurchCecilia ClarkLucy and Charles CloyesCamille CoatesA.T. and Cinda ColeKenneth Alan CollinsJuana ColónCarol CondieSara Creekmore and David Durham

Dianne C. Cress and Jon B. McCorkell

Theo CrevennaMichael and Jennie CrewsDavid CrockerIrwin D. and Florence CromwellBill and Liz CrosmanNancy DahlAlice DarilekNancy and Joe DayMichael and Sheryl DeGenringAnita DemingElaine DiersGay Dillingham and Andrew Ungerleider

David Doezema, M.D.Phyllis DolhinowShannon DonahueDavid and Rebecca DonohueKevin DoyleJohn and Lucy DraperBruce DriverEllen and Bill DupuyMary DyktonE. J. EvangelosBernard and Melinda EwellAllison Muller FabaraJames FarisRoy L. FarrStuart Feen and Carol Sonnenschein

Maria FellinMartha Fielding and Robert FeltKristina Fisher

Barbara FixMarilyn ForbesRichard and Karen FordWallace and Valerie FordDavid Fowler and Polly BrownBruce FrederickMartha Anne FreemanSuzanne Fuqua and Wilson Good

Faith GarfieldEileen GaunaNicholas GentrySheila GershenAlexis and Marshall GirardDan GodfreyMarvin J. GodnerJoel GoldfrankDon and Lorraine L. GoldmanByron GoldsteinCarol GoodmanSteven GoodmanEda GordonTom GormanJoel and Cherrin GreenKimi Ginoza GreenClaire GreensfelderGeorge Greer, M.D. and Requa Tolbert

Gila Tree ThinnersSharon GrossDavid Grusin and Nan NewtonJ.G. GuffyJana Gunnell, M.D., MPHHachette Book GroupBarbara HadleyPeter Hagen and Lindsay Faulkner Hagen

Jacquelyn HallCarol A. HallerWendell and Harriett HarrisRichard and Anna HarrisonJonathan E. HartshorneDon and Cheryl HastingsKaren and Jim HavlenaKaren Heldmeyer, Ph.D.Juliana HendersonFrank Herdman and Alice TempleAnn and Jerry HicksRichard HindSara HinerPaula Mays HodgesEric HofstetterMatilde Holzwarth and Lloyd Barr

Elizabeth HooblerChes Hortenstine and Allison Dellinger

Donna HouseTim Hunter

David served on the Law Center’s Board ofDirectors for 23 years, bringing to us his knowl-edge and passion as one of New Mexico’s mostardent conservationists. We remember not onlyhis sage counsel, but the infectious laughter thathe shared with us. David is greatly missed.

IN MEMORIAM

Client, Board member and friend David Henderson passed away in August.

Ann Griffith AshWilliam and Julia AshbeyReid Bandeen and Vickie PeckJanice Bandrofchak and J.Cleveland Sharp

Rutgers and Leslie BarclayPaul Bardacke and Lisa EnfieldSusan BardesAvelina Bardwell, M.D.Barbara BastleMike Batte and Wanda KileAnn Hardy BatumPaul BauerAnne E. BeckettSusan BellReed and Melinda BensonJean L. BergeronAmy BertelliCrawford BestPaul and Ellen BidermanGarland BillsSallie BinghamSusan Binneweg and Owen Jones

Fred and Daryl BlackJoyce BlalockJonathan Block and Kathy Glaser-Block

Thomas BlogStuart M. Bluestone, Esq.Elspeth G. BobbsMichele Boccia and Lewis Sawatzky

Karen Bonime and Richard Weiner

Connor BoyleRichard Boyle and Anne CooperTerry BrewerWilliam and Margaret BrineyDon and Joan BrooksJan BrooksMurray and Cindy BrottMichael BrowdeCarol and John BrownJoan Brown, osf and Marlene Perrotte, rsm

Abbe Springs Ranches HOADonald and Lynda BrownHarry BrowneDavid Brugge, Ph.D.J & M BuchholzSandy BuffettDavid and Hannah BurlingMary Ellen Burns-GonzalesVirginia BurrisJay Bush and Peggy RudbergDiana Bustamante, Ph.D.Helen Cahn

The Kresge FoundationMcCune Charitable FoundationNew Cycle FoundationRobert Haspel and Lynda Taylor Fund, New Mexico Community Foundation

Richard and Rachel Fund, New Mexico Community Fdn.

Connie Robinson Fund, New Mexico Community Fdn.

Mumford Family FoundationNew Society FundNew-Land FoundationOppenheimer Brothers Fdn.Harold and Norma Brown Fund for the Environment, Santa Fe Community Fdn.

Philip and Quarrier Cook, Santa Fe Community Fdn.

Just Woke Up Fund, Santa Fe Community Fdn.

William and Salome Scanlan Foundation

Solidago FoundationThe Sulica FundThaw Charitable TrustThornburg Foundation

Individual DonorsAnonymousCarol and Thomas AagesonRick and Kathy AbelesMercedes M. Agogino, Ph.D.Ann Alexander, M.D. and Richard Khanlian

Charmay AllredCharles and Martha AlmanArden and Heather AndersonNeal Apple and Vicki AllenAmber ArcherJoni ArendsSu Anne Armstrong and Ted Hopkins

Green Business PartnersA-1 Self StorageMargo Cutler, LTD.,Real EstateDunbar Stained GlassDan Godfrey StudiosGrace Communications, inc.HurleyMediaInk Well ProductionsKESHI, the Zuni ConnectionGuy LeSage at First AffirmativeFinancial Network

Mad PotterMarshall PlanNew Mexico Green Chamber of Commerce

Resources for ChangeSouthwest SeminarsVerve Gallery of Photography

Institutional FundersJonathan & Kathleen Altman Foundation

Angelica FoundationThe Atlantic Philanthropies Director/EmployeeDesignated Gift Fund

Bluestone Charitable TrustBrindle FoundationCaprock Fund of Tides Fdn., on the recommendation of Ms. Kappy Wells

EMA FoundationJames M. Ewell Charitable Trust

Nancy and Thomas Florsheim Family Foundation

Impact FundCharlotte L. Kiser Charitable Trust

The Max and Anna Levinson Foundation

Lannan FoundationLivingry Foundation

The New Mexico Environmental LawCenter thanks its supporters for making our work possible. The following contributions were made between April 1–December 31, 2012.If you have any questions about your listing, please contact Shelbie Knox at [email protected], or call (505) 989-9022 ext. 29.

Page 7: Green Fire Report - Winter 2013

ThankYou

Twenty Five Years of Environmental and Community Victories 76 www.nmelc.org

Development News

Don HydeTova IndritzRenee IngoldPatricia JahodaMary JebsenAmy JenkinsThomas and Carlyn JervisStephen JettStephanie E. JohnsonCandida JonesDoug JonesRichard and Ella JonesRobert and Ethlyn JonesSteve KahnMark KalinNorty and Summers KalishmanJohn KaronDaisy KatesDavid KingBarbara and Tobey KingDon Kirby and Joan GentryRichard Klein and Claire ZoellerPat KlockeShelbie Knox and David ClarkSandra KoenigRuth and Paul KovnatKozon Law Office, PCPatricia KuhlhoffCarol and Marvin LachmanDiana LahmBrigitte LaingLakind Dental GroupMichael and Barbara LangnerSylvia and Richard LaPanDavid and Barbara LarsonRobin LaughlinChristian LeahyJames LearCollis Lee, Jr.Elizabeth LeeLinda LeeDeirdre LennihanPaul LeoCharlotte LevinsonGreg and Amy LewisJudith Lewis and Richard LevitonJason A. LillegravenVictoria Linehan and Michael Hasson

Carlie Lines and B.C.RimbeauxDebra LinkLucy LippardLarry and Julianne LittlefieldWanda LobitoRobert LoftfieldJohn Loges and Lori Remegio-Loges

Mildred LopezMr. and Mrs. Donald R. Lundgren

Andrew LustigOuida MacGregorEileen MandelClaire MandevilleGayle MangesMario ManzoEdward MarinsekJennifer B. MarshallJames C.and Sherry MartinMarianne A. MartinezJanos MatéNorma McCallanSusan McGreevyRoy D. McKeagMatthew McQueenDouglas and Harriet MeiklejohnAlexander M. MeiklejohnColin MeiklejohnStuart MeiklejohnJoyce and Steve

Melander-DaytonDaniel MeriansYana MerrillBetsy MillardDavid Milliken and Laura EllisCharlotte MinterA. Paul Mitchell and Genevieve Chavez

Lois Mohr and Tom ArnerDennis MontoyaGeorge and Karen MorrisLetitia MorrisSusan MorrisVirginia Mudd and Clifford BurkeWerner and Helen MullerRobert and Shirley Ann MyersJulia and Albert NathansonJudith NaumbergRichard Neuman and Sharon Kellum Neuman

Eizo Nishiura and Ruth NelsonAndrew NowakStanley and Nancy NoyesTerry OdendahlBart and Colleen OlingerEric and Lisa OppenheimerSandra OrielPeter and Jean OssorioPatricia Owens-MarkoGeorge and Elisa PackardJim and Jan PattersonDavid PattonMary Anne PerkowskiSusan PerleyRoger PetersonClaudia M. PhillipsJon PierpontSarah Piltch and David HeberEllen Pinnes

Ray and Carol PittmanDale Pontius and Bonnie JacobsNicholas PotterCarol and George PriceV.B. and Rini PriceJennifer Pruett and Kennan Girdner

Sheila PugachDr. Patrick and Stacy QuinnJeff RadfordBonnie RaittGrace RalstonBishop Ricardo RamirezCatherine RandolphEdward and Melanie RanneyMary Katherine RayBarbara and Fred RaznickMargaret and Lewis ReadeGeri RhodesJean RichardsAnna RichardsRonald RinkerElsa RiosMary B. RiseleyRhonda RiveraEdward Roden-LuceroRobby RodriguezDavid Rose and Ceil MurrayEllen Rosen and Bruce ReynoldsJudith Rice RothschildPaul RowlandPamela Roy Richard J. RubinWilliam Ruggles and Douglass Rankin

Tamara Saimons and Kathryn Turnipseed

Al and Mary Anne SanbornJohn McAllen ScanlanRobert SchillerDavid SchlessingerEric SchmiederRich Schrader and Carol Gish Schrader

Merry SchroederMary SchrubenNan SchwanfelderFairholm Builders, Inc.Shirley B. Scott, M.D., P.C.Geoff ShandlerLaurence Shandler, M.D., and Joan Shandler

Patricia A. SheelyLelia and Robert SheppersonBetsy and Tom ShillinglawJanet SimonKen and Martha SimonsenL.R. and Mary Alice SitneyAllyson Siwik

Bradley and Jonny SkinnerVera SnyderEileen SouderJohn J. SparacioBeverley Spears and Philip Crump

Hugo SteensmaMarc Stess and Alice SealeyJean StokesStone ForestGavin F. StrathdeeKim Straus and Jack LainJudith StromPersis SuddethCathie SullivanJeffrey SussmannScott SwearingenJan M. TarrGretchen TaylorDyanna TaylorSimon TeolisGlen C.Thamert and Myra MaherDiana L. ThatcherGordon and Mary Anne Thompson

Andrea Escher andTodd Tibbals

Frank Titus, Ph.D.Kay TreakleDenise Trochei and Michael Snouffer

Jim and Cynthia TuiteJere and Harry TurnerTurner FoundationE.H. Uhlenhuth, M.D.Alice van BurenD.D. Van SoelenGordon VeneKlasenRoderick Ventura and Jo HaddadJBV CoachingSusan M. VerkampDonna and John VogelAdair L. Waldenberg and Jon K. Peck

Jana WalkerAndrew WallersteinRichard WarrenL. WatchempinoMarcia and Jim WeatherstoneDeborah WeinbergAnne D. WernerStanley WernickJoan and Truel WestBarbara WhiteRobert WickhamAnne Heath WidmarkRichard and Martha WilderPaul WilkenGail and Jay Willson

Karin Marie WinnEd and Marilyn Winter-TamkinPatricia WoodT & E IncorporatedPeter and Maureen WurzburgerArlene ZarembkaKatie Zemlick and Rand LevittNaida Zucker and Richard Spellenberg

Gifts made in honor of:Leslie BarclayDr. David BruggeEsperanza CarreonCrownpoint Rug Weavers Assoc.Eastern Navajo Diné Against Uranium Mining (ENDAUM)

Bruce FrederickMaxine GoadShale HunterNew MexicoDavid RobertsonJohn ScanlanAnne SullivanRichard Boyle and Anne Cooper

Gifts made in memory of:A Dear FriendAunt GraceYvette BestUrsula A. GraySebia HawkinsDavid HendersonWerni HeoltschiKeith A. KellumTom MaherElizabeth MeiklejohnPeter K. MartinArnold SouderBarbara SteinElva ThamertPaul V. ThompsonJohn Young

Amazing VolunteersLynda BrownElizabeth Cook RomeroClaire Deschambre, law clerk (and Frances)

Jamie Douglass (and Tucker)Kimi Ginoza GreenDon GoldmanAdi Hila SwisaJennifer Marshall (Marshall Plan)Michelle Mosser (Grace Comm)Rita Norton Joan WestJessica Wilkerson (and Caliente)

Lissa Callirhoe Christopher CalvertJoyce CardenLawrence CarreonCaroline CarvilleMichael CasausJohn CatronMr. and Mrs.Thomas B. CatronRod ChambersSherryl Chandley-Brown and Gene Brown

Susan Chappell, Esq.Wendy ChaseBarbara ChatterjeePeter and Elizabeth ChestnutKathleen and Hugh ChurchCecilia ClarkLucy and Charles CloyesCamille CoatesA.T. and Cinda ColeKenneth Alan CollinsJuana ColónCarol CondieSara Creekmore and David Durham

Dianne C. Cress and Jon B. McCorkell

Theo CrevennaMichael and Jennie CrewsDavid CrockerIrwin D. and Florence CromwellBill and Liz CrosmanNancy DahlAlice DarilekNancy and Joe DayMichael and Sheryl DeGenringAnita DemingElaine DiersGay Dillingham and Andrew Ungerleider

David Doezema, M.D.Phyllis DolhinowShannon DonahueDavid and Rebecca DonohueKevin DoyleJohn and Lucy DraperBruce DriverEllen and Bill DupuyMary DyktonE. J. EvangelosBernard and Melinda EwellAllison Muller FabaraJames FarisRoy L. FarrStuart Feen and Carol Sonnenschein

Maria FellinMartha Fielding and Robert FeltKristina Fisher

Barbara FixMarilyn ForbesRichard and Karen FordWallace and Valerie FordDavid Fowler and Polly BrownBruce FrederickMartha Anne FreemanSuzanne Fuqua and Wilson Good

Faith GarfieldEileen GaunaNicholas GentrySheila GershenAlexis and Marshall GirardDan GodfreyMarvin J. GodnerJoel GoldfrankDon and Lorraine L. GoldmanByron GoldsteinCarol GoodmanSteven GoodmanEda GordonTom GormanJoel and Cherrin GreenKimi Ginoza GreenClaire GreensfelderGeorge Greer, M.D. and Requa Tolbert

Gila Tree ThinnersSharon GrossDavid Grusin and Nan NewtonJ.G. GuffyJana Gunnell, M.D., MPHHachette Book GroupBarbara HadleyPeter Hagen and Lindsay Faulkner Hagen

Jacquelyn HallCarol A. HallerWendell and Harriett HarrisRichard and Anna HarrisonJonathan E. HartshorneDon and Cheryl HastingsKaren and Jim HavlenaKaren Heldmeyer, Ph.D.Juliana HendersonFrank Herdman and Alice TempleAnn and Jerry HicksRichard HindSara HinerPaula Mays HodgesEric HofstetterMatilde Holzwarth and Lloyd Barr

Elizabeth HooblerChes Hortenstine and Allison Dellinger

Donna HouseTim Hunter

David served on the Law Center’s Board ofDirectors for 23 years, bringing to us his knowl-edge and passion as one of New Mexico’s mostardent conservationists. We remember not onlyhis sage counsel, but the infectious laughter thathe shared with us. David is greatly missed.

IN MEMORIAM

Client, Board member and friend David Henderson passed away in August.

Ann Griffith AshWilliam and Julia AshbeyReid Bandeen and Vickie PeckJanice Bandrofchak and J.Cleveland Sharp

Rutgers and Leslie BarclayPaul Bardacke and Lisa EnfieldSusan BardesAvelina Bardwell, M.D.Barbara BastleMike Batte and Wanda KileAnn Hardy BatumPaul BauerAnne E. BeckettSusan BellReed and Melinda BensonJean L. BergeronAmy BertelliCrawford BestPaul and Ellen BidermanGarland BillsSallie BinghamSusan Binneweg and Owen Jones

Fred and Daryl BlackJoyce BlalockJonathan Block and Kathy Glaser-Block

Thomas BlogStuart M. Bluestone, Esq.Elspeth G. BobbsMichele Boccia and Lewis Sawatzky

Karen Bonime and Richard Weiner

Connor BoyleRichard Boyle and Anne CooperTerry BrewerWilliam and Margaret BrineyDon and Joan BrooksJan BrooksMurray and Cindy BrottMichael BrowdeCarol and John BrownJoan Brown, osf and Marlene Perrotte, rsm

Abbe Springs Ranches HOADonald and Lynda BrownHarry BrowneDavid Brugge, Ph.D.J & M BuchholzSandy BuffettDavid and Hannah BurlingMary Ellen Burns-GonzalesVirginia BurrisJay Bush and Peggy RudbergDiana Bustamante, Ph.D.Helen Cahn

The Kresge FoundationMcCune Charitable FoundationNew Cycle FoundationRobert Haspel and Lynda Taylor Fund, New Mexico Community Foundation

Richard and Rachel Fund, New Mexico Community Fdn.

Connie Robinson Fund, New Mexico Community Fdn.

Mumford Family FoundationNew Society FundNew-Land FoundationOppenheimer Brothers Fdn.Harold and Norma Brown Fund for the Environment, Santa Fe Community Fdn.

Philip and Quarrier Cook, Santa Fe Community Fdn.

Just Woke Up Fund, Santa Fe Community Fdn.

William and Salome Scanlan Foundation

Solidago FoundationThe Sulica FundThaw Charitable TrustThornburg Foundation

Individual DonorsAnonymousCarol and Thomas AagesonRick and Kathy AbelesMercedes M. Agogino, Ph.D.Ann Alexander, M.D. and Richard Khanlian

Charmay AllredCharles and Martha AlmanArden and Heather AndersonNeal Apple and Vicki AllenAmber ArcherJoni ArendsSu Anne Armstrong and Ted Hopkins

Green Business PartnersA-1 Self StorageMargo Cutler, LTD.,Real EstateDunbar Stained GlassDan Godfrey StudiosGrace Communications, inc.HurleyMediaInk Well ProductionsKESHI, the Zuni ConnectionGuy LeSage at First AffirmativeFinancial Network

Mad PotterMarshall PlanNew Mexico Green Chamber of Commerce

Resources for ChangeSouthwest SeminarsVerve Gallery of Photography

Institutional FundersJonathan & Kathleen Altman Foundation

Angelica FoundationThe Atlantic Philanthropies Director/EmployeeDesignated Gift Fund

Bluestone Charitable TrustBrindle FoundationCaprock Fund of Tides Fdn., on the recommendation of Ms. Kappy Wells

EMA FoundationJames M. Ewell Charitable Trust

Nancy and Thomas Florsheim Family Foundation

Impact FundCharlotte L. Kiser Charitable Trust

The Max and Anna Levinson Foundation

Lannan FoundationLivingry Foundation

The New Mexico Environmental LawCenter thanks its supporters for making our work possible. The following contributions were made between April 1–December 31, 2012.If you have any questions about your listing, please contact Shelbie Knox at [email protected], or call (505) 989-9022 ext. 29.

Page 8: Green Fire Report - Winter 2013

N e w M e x i c oEnvironmenta l Law Center

TM 1405 Luisa Street, Suite #5 | Santa Fe, NM 87505505.989.9022 | www.nmelc.org

Non-Profit OrgUS Postage

PAIDSanta Fe, NM

Permit No. 259

RETURN SERV ICE REQUESTED

nmelc.orgA publication of the New Mexico Environmental Law Center, a non-profit, public interest law firm dedicated to protecting New Mexico’s environment and communities.

Case Updates: . . . . . . . . pages 1-3

Development News:. . . . pages 4 -7

Green Business Partners:. page 4, 8

We reached the old wolf in time

to watch a fierce green fire

dying in her eyes.

– Aldo LeopoldA Sand County Almanac

WINTER 2013

contents

Twenty Five Years of Environmental and Community Victories 1

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Law Center leads way to court victory: Judge affirms no permitfor San Augustin Ranch, LLC

With the help of our members and donors, we’ve been winning the fight against a massive water grab in beautiful west-central New Mexico!

Our second major victory came on November 15, 2012, when a state district court judgeupheld a decision to deny a 54,000 acre-feet appropriation by the Augustin Plains Ranch.The ruling affirms the State Engineer’s decision in April 2012 to deny the Ranch’s application.

Under the Western water system, big appropriations are legal – but the applicant mustshow, among other things, that it has an actual use for all of the water it seeks and thatthe water will be used in a timely manner. In spite of these requirements, the Ranchoffered no specific plans in its application for what it would do with 17.5 billion gallonsper year.

Since 2008, the Law Center has provided free representation to more than 80 families inCatron and Socorro Counties in this case. But the outcome of this case would be felt farbeyond Catron County: approval of the Ranch’s proposal would open the door to wide-scale water speculation throughout New Mexico.

In January, the Ranch appealed the decision. Yet in our arid state, the story is far fromover even if the Ranch's appeal is unsuccessful. The Albuquerque Journal reports thatD.L. Sanders, lead attorney for the State Engineer, has urged the Ranch to submit anew application, stating, “We’re in favor of promoting innovative ideas like this.”

As a supporter of the Law Center, you ensure that we can continue to fight speculationin water and promote equitable access and use of water for all of us who depend uponNew Mexico’s water.

Second MajorVictory inWater Grab CaseMartinez AdministrationContinues Attacks Copper Rule Latest Target

If you live near a dairy, a dry cleaner, or a gasstation (to name a few types of facilities thatpollute groundwater), what is happeningtoday in the Copper Rule case may impactyour community tomorrow.

The Copper Rule was intended to helpprotect water beneath open-pit coppermines. Over eight months in 2012, draft language was hammered out by a workinggroup comprised of regulators, representa-tives from the state’s copper companies (primarily Freeport McMoRan, the largestpublicly-traded copper company in theworld) and advocates for the publicinterest, including our own Staff AttorneyBruce Frederick. The draft included

concessions to themining industrybut also preservedcritical, hard-won protections forgroundwater.

Then the politicalappointees gottheir hands on it.

Ignoring the recommendations of theirown technical staff, upper-level managersat the New Mexico EnvironmentDepartment (NMED) revamped the draftCopper Rule to reflect comments made by

GreenFireReport winter 2013 issue Sponsor

Thank you to the Santa Fe Green Chamber ofCommerce, our newest Green Business Partner, forunderwriting this issue of the Green Fire Report.The Green Business Partner program offers a platformfor the Law Center and sustainably minded businessesto support each other’s common values and goals.

Please support our Green Business Partners.See page 4 for our complete roster.

Contact Informationwww.nmelc.org

505.989.9022 | [email protected]

Facebook.com/NMELC Twitter.com/NMELC

[ continued on pg 2]

NewMexico Environmental LawCenter

GreenBusinessPartner201

3

New Mex ico Environmental Law Center saved the following resources by using 210 pounds of ReincarnationMatte, made with 60% post-consumer waste and manufactured with electricity that is offset with Green-e®certified renewable energy certificates.

trees water energy solid wastegreenhouse

gases

1fully grown

589gallons

0.6Million BTUs

39pounds

109pounds

The Augustin Plains water grab is one of the cases highlighted in our new short film, A Big Damn Deal.Check it out at nmelc.org.

NewMexico Environmental LawCenter

GreenBusinessPartner

201

3

To Join, contact the Chapter nearest you.

Santa FeP.O. Box 2796Santa Fe, NM 87504(505)[email protected]

Albuquerque& Rio Rancho P.O. Box 27733Albuquerque, NM87125 (505)[email protected]

Las Cruces125 N.Downtown MallLas Cruces, NM 88001(505)[email protected]

Southeast115 Gold Ave. S.W.,Suite 209,Albuquerque, NM87102(505) 244.3700 [email protected]

Southwest201 N. Hudson Street Silver City, NM 88062(505) [email protected]

TaosP.O. Box 3571 Taos, NM 87571(505) [email protected]

“The NM Green Chamber of Commerce is an invaluable resource for us to reach progressive individuals and businesses throughout our state.”

– Patricia Mattioli, CST Solar

Join over 1200 members, statewide, who are doing business better…and growing business together.

Mission:  The New Mexico Green Chamber of Commerce creates new opportunities

for business by advocating on behalf of renewable energy, strengthening local economies, and

seizing the green business advantage. Our members believe in investing in people, protecting

our air, land and water, and creating long-term profits. We are where profits and values meet.

Vision: The New Mexico Green Chamber of Commerce (NMGCC) and its local chapters

are a coalition of businesses and organizations dedicated to building healthy economies in

New Mexico’s diverse communities. nmgreenchamber.com

• Building Strong Local Economies

• Supporting Green Business Practices

• Growing Small Businesses

• Promoting Green Businesses to Consumers

• Creating Economic Development with Clean Energy