In Unusual Move, NM Water Quality Control Commission Will Hear Opponent Motions on Produced Water Rule Today
Breaking: In a late filing yesterday, Amigos Bravos and the Sierra Club moved to disqualify New Mexico Environment Department Secretary James Kenney from participating in deliberations on Produced Water Rule Deliberations with WQCC.
The two groups filed the disqualification motion yesterday, citing a rule violation if Kenny is allowed to participate in this unusual manner, as they believe he has met with a party to the rules change proposal. Their motion states, “This prohibition on ex parte contact precludes Secretary Kenney from participating as member of the Commission in deliberations in this matter because he has had discussions on the merits of the petition with a party to the proceeding, NMED staff, after the Commission’s determination to hold a hearing and before the Commission has issued a written decision.”
The Oil and Gas Industry Opposes Environmental Advocacy Groups, and 27 Members of Legislature, Efforts in Calling on Water Control Commission to Reexamine Evidence Against Fracking Waste Discharge to Groundwater Before Taking Final Action Today
Since late April, several environmental advocacy organizations, along with twenty-seven members of the New Mexico Senate and House of Representatives, have registered deep concern over the pending approval by the WQCC of a controversial permitting system that would open the door for fracking polluted water produced from oil and gas field operations to be discharge to groundwater.
Last week legislators wrote to the members of the WQCC to express their collective “alarm that the WQCC intends to adopt a rule that allows pilot projects to discharge treated produced water to groundwater prior to the development of scientifically based standards against which such projects can be evaluated.”
According to an email from New Energy Economy, the organization and “…WildEarth Guardians and Indigenous community members filed a Joint Notice and Request to Prevent Plain Error, arguing that discharge of treated produced water to groundwater without scientifically based treatment and water quality standards specific to produced water is a violation of the Water Quality Act, and that the flimsy Notice of Intent procedure for pilot treatment projects violates the Produced Water Act.”
WildEarth Guardians also filed another Motion for Clarification related to the matter, as did the Sierra Club and Amigos Bravos enter a Motion for Reconsideration opposing the WQCC’s decision to authorize discharge.
Lawyers representing the New Mexico Oil and Gas Association (“NMOGA”) and Select Water Solutions, Inc.(“SWS”), filed opposition responses to the motions filed by the environmental organizations claiming their motions, “were filed without authority in the midst of the Commission’s deliberations, would be prejudicial to other participants. The NGO’s arguments should not be considered because they have not identified any authority authorizing their filings at this late stage.” [The NGO, or Non-Governmental Organization, reference is to the environmental advocacy groups.]
After a call to action by some of the environmental groups, opponents to the use of produced water outside the oilfield will attend the WQCC meeting and “will stage a protest outside the Capitol at 12:00PM, or during the Commission’s lunch break.”
Senator Harold Pope of Albuquerque, responding to questions from The Candle as to what would be the next steps if the WQCC rejects the concerns raised by lawmakers and the environmental groups, wrote:
“I am hoping that the WQCC will do the right thing in response to the letter coming from Legislators and the flurry of filings. If they proceed, I am sure that interested parties will move forward with legal remedies and appeals and as legislators we will proceed with legislation to prevent the dumping of toxic waste into our water system.”
Mariel Nanasi, Lead Attorney and Executive Director for New Energy Economy, amplified Senator Pope’s expectation of further action if the WQCC moved ahead with their proposed produced water rules.
According to Nanasi, “If they [WQCC members] don’t do the right thing, we will file a Motion for A Stay of the Rule’s Implementation (a temporary restraining order) to prevent the dumping of poison during the pendency of the appeal and then appeal. If the WQCC doesn’t stay the rule we will appeal that as well.“
The May meeting of the New Mexico Water Quality Control Commission (WQCC) begins this morning at 9:00 AM. The meeting will be held in Room 322, at the Roundhouse, 490 Old Santa Fe Trail in Santa Fe. The public can also attend via meeting link online by clicking here and/or looking for the prompts that state: “Meeting link: nmed-oit.webex.com…”
The meeting will cover several matters, including a hearing on LANL Upper Sandia Canyon. The Produced Water proposed rule meeting matters are listed as items numbered 8, and 9, on the WQCC Agenda (link here), posted as the final version of the agenda version online.
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