FOR IMMEDIATE RELEASE
Contacts:
Wes Light, Friends of the Floridas, gadlight.2@gmail.com, 917-273-5174
Sally Paez, New Mexico Wilderness Alliance, sally@nmwild.org, 505-843-8696
Leia Barnett, WildEarth Guardians, lbarnett@wildearthguardians.org, 970-406-2125
Allyson Siwik, Gila Resources Information Project, allysonsiwik@gmail.com, 575-590-7619
Sarah Knopp, Amigos Bravos, sknopp@amigosbravos.org, 505-795-2106
Federal Court Rules BLM Violated Federal Law by Ignoring Water Quality Impacts of Proposed Mine in Florida Mountains
Albuquerque, NM – August 28, 2024 – The Federal District Court for the District of New Mexico has ruled in favor of a coalition of environmental organizations that challenged the development of a dolomite mine in the Florida Mountains near Deming, New Mexico. The court determined that the Bureau of Land Management (BLM) violated the National Environmental Policy Act (NEPA) by neglecting to adequately consider the potential water quality impacts associated with the mine’s processing mill.
The lawsuit, filed by Friends of the Floridas, New Mexico Wilderness Alliance, WildEarth Guardians, Gila Resources Information Project, and Amigos Bravos, challenged the BLM’s approval of the mine, asserting that the agency’s environmental review was deficient and failed to comprehensively evaluate adverse effects on water, air, wildlife, a wilderness study area, and other resources in the region. Although the court did not rule in the groups’ favor on all issues, the court did find that BLM failed to adequately consider pollution from magnesium sludge, a waste product of dolomite processing.
The court explained that “magnesium sludge’s detrimental effect on surface water and underground aquifers, including increasing chloride, nitride and possibly toxic beryllium levels, . . . are reasonably foreseeable ecological effects that arise from the Processing Mill.” The court faulted the BLM for failing to “mention this toxic and detrimental waste, which is produced in an amount of approximately 2,300 tons per year,” or to “provide any discussion of how the waste will be stored or controlled.” [See Memorandum Opinion and Order, pages 183-184 (internal quotation marks omitted).] In finding for the groups on the water quality issue, the court rejected the BLM’s position that permitting requirements from state or local governments excuse the BLM from addressing environmental impacts as part of the NEPA process.The court’s decision underscores the critical importance of rigorous environmental assessments and the necessity of adhering to NEPA’s mandate to consider all direct, indirect, and cumulative environmental consequences before authorizing projects with significant impacts.
“Local folks are worried about the impacts of the ore processing, which the BLM did not adequately review,” said Wes Light, President of the Friends of the Floridas. “We expect a full public analysis of these impacts when the BLM complies with the Court’s order. There should be no more mystery about where the wastes from this mine will end up.”
“New Mexicans appreciate the importance of safeguarding our water and wild places for future generations,” said Sally Paez, staff attorney for New Mexico Wilderness Alliance. “The court’s ruling is an important step toward protecting the Florida Mountains and surrounding public lands, which are biologically diverse and culturally significant.”
“As our state increasingly turns its attention to protecting and conserving our waters in a drier future, we are glad that Judge Browning’s decision calls to the attention of the public another of the myriad threats to our water quality- hasty mining operations whose impacts have been inadequately studied,” said Sarah Knopp, Policy Specialist with Amigos Bravos.
“Southwestern New Mexico and the Florida Mountains represent one of the last big, wild places in the U.S., with areas of critical importance to communities, Tribes, and ecosystems,” said Leia Barnett, Greater Gila Advocate for WildEarth Guardians. “It’s crucial that any extractive project be subject to the proper oversight, and rules and regulations enforced. Hopefully this ruling will set a precedent for careful scrutiny through the entirety of this operation.”
The proposed mine has faced strong opposition from the local community and environmental advocates because it would involve extensive exploratory drilling, including blasting and excavating a large open mine pit, in addition to building new roads across public land, and the construction and operation of industrial infrastructure in close proximity to a Wilderness Study Area and an Area of Critical Environmental Concern. Mine operations would last 30 years and include up to 92 truck trips per day, passing through sensitive ecological areas on public land and residential areas in Deming to reach an industrial processing mill. The project has potential to contaminate groundwater, disrupt wildlife habitats, and degrade the scenic beauty of the Florida Mountains. The court’s ruling serves as a powerful reminder that federal agencies must fulfill their legal obligations to protect the environment and ensure that development projects are conducted in a responsible and sustainable manner.
The mining company, American Magnesium, recently violated its state exploration permit. The State of New Mexico fined American Magnesium $30,000 and required the company to post nearly triple its reclamation bond after the company cut new roads and expanded clearings for drilling activities without prior approval, as required by law.
“Regulatory oversight at the federal and state level is critical to enforcing American Magnesium’s compliance with permit conditions that are put in place to protect our land, water, air quality, wildlife, and public lands,” said Allyson Siwik, Executive Director of Silver City-based Gila Resources Information Project. “Our coalition will continue to watchdog this project to ensure that the company does not continue to violate permit requirements and cause illegal land disturbance and damage to natural resources.”
The coalition of environmental organizations involved in the lawsuit applaud the court’s decision and remain committed to safeguarding the ecological integrity of the Florida Mountains and other sensitive landscapes throughout the region. The organizations participating in this litigation are represented by attorneys from Western Mining Action Project, New Mexico Wilderness Alliance, and WildEarth Guardians.
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Friends of the Floridas is a nonprofit organization based in the Deming, New Mexico area whose mission is to protect the public lands in the Florida Mountains and nearby areas.
New Mexico Wilderness Alliance (“New Mexico Wild”) is a 501(c)(3) nonprofit organization based in Albuquerque, New Mexico, dedicated to the protection, restoration, and continued enjoyment of New Mexico’s wildlands and wilderness areas, with thousands of members across the state.
WildEarth Guardians is a 501(c)(3) nonprofit membership organization based in Santa Fe, New Mexico, with offices throughout the West. WildEarth Guardians’ membership is “dedicated to protecting and restoring the wildlife, wild places, and wild rivers of the American West.
Gila Resources Information Project is a 501(c)(3) nonprofit based in Silver City, New Mexico, organized with a mission to promote community health by protecting the environment and natural resources of southwest New Mexico, including protecting surface water, groundwater, wildlife, and air quality.
Amigos Bravos a 501(c)(3) nonprofit based in Taos, New Mexico, which is guided by social justice principles and dedicated to protecting and restoring the waters of New Mexico. Amigos Bravos works to ensure that New Mexico’s mining laws protect clean water and the communities that depend on clean water for drinking, irrigation, recreation, and cultural traditions.
