What’s Happening?

In spite of the activity on the lot of the proposed concrete batch plant, the matter is far from settled.

We have appealed to the New Mexico Court of Appeals the order of the Environment Improvement Board (EIB) to overturn the Secretary of the Environment’s order denying the air quality permit for the plant.  We believe our appeal is solid since the EIB blatantly ignored evidence we presented showing that the plant as proposed would not meet the required air quality standards. 

Additionally, the EIB failed to follow required judicial processes, such as not providing the legal rationale behind their order to overturn the permit denial (known in legalese as “Findings of Fact and Conclusions of Law”), among other missteps.   These issues are also included in our filing with the New Mexico Court of Appeals.

Should the Court of Appeals rule in our favor, the approval of the air quality permit for the proposed plant would be overturned.  Such a ruling would prohibit the legal continuation of construction of the proposed plant as well as its operation.

Our motion for Preliminary Injunctive Relief in the New Mexico 12th Judicial District Court to prohibit construction due to violation of deed restrictions applicable to the property of the proposed plant was denied by the Court.  The denial was based on the Court’s interpretation that the deed restrictions on the property, as well as the surrounding lots, are no longer valid. 

Furthermore, our assertion that the plant would exceed EPA standards for acceptable noise levels in residential areas was ruled by the Court to be not applicable – as the Court stated that the proposed plant’s location on the Billy the Kid Scenic Byway (across the road from Legacy Estates and adjacent to the Fox Run, Enchanted Forest, Coyote Mesa, Ranches of Sonterra and Vista Rio Bonito neighborhood and the Mountain View Church of Christ’s Children’s Camp) is within an industrial area and not a residential area. 

We disagree with these interpretations and will be pursuing this case further in Court.

The bottom line: this matter is far from settled.