2024-11-01T18:14:56-04:00 2023-12-31 843482539 SJT GROUP LLC 4811 HARDWARE DR NE SUITE E-4 ALBUQUERQUE NM 87109 990 2023-01-01 850360664 NEW MEXICO ENVIRONMENTAL LAW CENTER NEWM 5059899022 722 ISLETA BLVD SW ALBUQUERQUE NM 87105 JOHANA BENCOMO PRESIDENT 5059899022 2024-11-01 true false ARMANDO SANCHEZ P01712667 5053128702 2024-11-01 2023 2024-10-15 13:58:12Z VIRGINIA NECOCHEA 722 ISLETA BLVD SW ALBUQUERQUE NM 87105 798387 false X WWW.NMELC.ORG X 1987 NM 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. 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FOUNDED IN 1987, THE LAW CENTER WORKS WITH COMMUNITY GROUPS, NEIGHBORHOOD ASSOCIATIONS, ENVIRONMENTAL ORGANIZATIONS, TRIBES AND PUEBLOS, SEEKING TO PROTECT THE ENVIRONMENT. 675700 true true false true false false false false false false true false false false true true true false false false false false false false false false false false false false false false false false false false false false false false false false false false false false false true 12 0 true 14 true false false false false false false false false X 8 8 false false false false false false false true true false false true true true true true true true true false NM X X X VIRGINIA NECOCHEA 5059899022 722 ISLETA BLVD SW ALBUQUERQUE NM 87105 VIRGINIA NECOCHEA EXECUTIVE DI 40.00 X 108567 0 8458 JOHANA BENCOMO PRESIDENT 2.00 X X 0 0 0 KRISTINE SUOZZI VICE PRESIDE 2.00 X X 0 0 0 DIVANA OLIVAS SECRETARY 2.00 X X 0 0 0 CARLA NIETO TREASURER 2.00 X X 0 0 0 DONNA HOUSE BOARD MEMBER 1.00 X 0 0 0 RAMON PADILLA BOARD MEMBER 1.00 X 0 0 0 HARRY BROWNE BOARD MEMBER 1.00 X 0 0 0 MAGDALENA AVILA BOARD MEMBER 1.00 X 0 0 0 108567 8458 1 false false false 772217 1100 772217 26170 26170 798387 26170 108566 77957 19068 11541 477940 343189 83942 50809 2718 1977 681 60 58467 46863 10992 612 48305 34839 8496 4970 49019 47603 1416 47094 31764 10826 4504 6638 6638 52333 16644 5610 30079 665 515 150 9620 2987 2558 4075 540 432 81 27 34377 27350 5303 1724 15624 12913 2711 870 697 173 2626 2232 131 263 15092 6852 7999 241 EQUIPMENT LEASING & MAINT 19460 16281 2325 854 LEGAL DUES & PUBLICATIONS 6421 4105 2058 258 MISCELLANEOUS 3933 300 3633 PUBLIC EDUCATION 200 200 960508 675700 174641 110167 324187 200630 108000 153125 10936 9178 52697 46897 6706 5800 998054 1001706 1704 1447883 1372143 70167 85363 19762 6446 89929 91809 X 1189922 1134834 168032 145500 1357954 1280334 1447883 1372143 -162121 84501 X false true X true false X 1401296 1161823 1038195 878889 772217 5252420 1401296 1161823 1038195 878889 772217 5252420 336852 4915568 11949 29032 9337 22917 26170 99405 5351825 131837 0.91850 0.97180 X RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED 181380 196402 183652 561434 842151 16032 6393 1321 23746 45345 49101 45913 140359 210539 1321 1321 52697 46897 5800 5800 CLIENT TRUST LIABILITY 6446 6446 X 876250 84501 84501 791749 6638 6638 798387 953870 953870 6638 6638 960508 SCHEDULE D, PAGE 3, PART X NMELC IS A NON-PROFIT ORGANIZATION AND IS EXEMPT FROM FEDERAL INCOME TAXES UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE AND HAS BEEN CLASSIFIED BY THE INTERNAL REVENUE SERVICE AS AN ORGANIZATION THAT IS NOT A PRIVATE FOUNDATION. NMELC HAS ADOPTED FASB ASC 740-10, INCOME TAXES, RELATING TO ACCOUNTING FOR UNCERTAIN TAX POSITIONS. NMELC HAS NOT RECOGNIZED ANY CHANGES TO ITS FINANCIAL STATEMENTS FOR UNCERTAIN TAX POSITIONS RESULTING FROM THIS ADOPTION. FORM 990 - ORGANIZATION'S MISSION 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. FORM 990, PART III CASE 1 AUGUSTIN PLAINS RANCH, LLC V. TOM PLAINE,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 AUGUSTIN 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 AUGUSTIN 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, MEANING THAT THE CASE WAS RETURNED TO THE DISTRICT COURT FOR ADDITIONAL LITIGATION IN 2023 PUBLIC INTEREST: GROUNDWATER 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 ADN OTHER NATURAL RESOURCES OF THIS STATE" ARE "OF FUNDAMENTAL IMPORTANCE TO THE PUBLIC INTEREST, HEALTH, SAFETY, AND 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 WILL BE TRANSPORTED OUT OF THE SAN AUGUSTIN 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 ATTORNEYS' FEES FROM AN OPPOSING PARTY IN THIS CASE. CASE 2 SOUTHWEST ORGANIZING PROJECT, CENTER FOR SOCIAL SUSTAINABLE SYSTEMS, SOUTH VALLEY REGIONAL ASSOCIATION OF ACEQUIAS, DANIEL RICHARD "RIP" ANDERSON, MARCIA BEAUREGARD FERNANDEZ, SANTIAGO JAMES MAESTAS V. BERNALILLO COUNTY BOARD OF COUNTY COMMISSIONERS AND THE INDIVIDUAL MEMBERS OF THE COUNTY COMMISSION, ADRIAN BARBOA, WALT BENSON, DEBBIE O'MALLEY, STEPHEN MICHAEL QUEZADA AND CHARLENE PYSKOTY, AND WESTERN ALBUQUERQUE LAND HOLDINGS, LLC, AND CONSENSUS PLANNING, INC. NEW MEXICO SECOND JUDICIAL DISTRICT COURT CASE D-202-CV-2022-05576 BACKGROUND: THIS CASE INVOLVES THE PROPOSED SANTOLINA DEVELOPMENT, WHICH IS A PURPOSED PLANNED COMMUNTIY THAT, AT FULL BUILD OUT, WOULD BE HOME TO APPROXIMATELY 90,000 PEOPLE ON THE WEST MESA OF ALBUQUERQUE. THE CASE WAS FILED IN THE NEW MEXICO SECOND JUDICIAL DISTRICT COURT BY THE NEW MEXICO ENVIRONMENTAL LAW CENTER ON BEHALF OF THE CLIENTS LISTED ABOVE. THE CASE WAS FILED IN THE NEW MEXICO SECOND JUDICIAL DISTRICT COURT BY THE NEW MEXICO BERNALILLO COUNTY (NEW MEXICO) BOARD OF COUNTY COMMISSIONERS, THE INVIDIVIDUAL MEMBERS OF THE BOARD OF COUNTY COMMISSIONERS (COLLECTIVELY THE "BOARD") AND THE TWO COMPANIES PROMOTING THE PROPOSED DEVELOPMENT, CONSENSUS PLANNING,INC. AND WESTERN ALBUQUERQUE LAND HOLDINGS, LLC. IN THIS CASE, BERNALILLO COUNTY HAS CONTINUED ITS PROCEEDINGS ON THE PROPOSED SANTOLINA DEVELOPMENT, AND ON AUGUST 16,2022, THE BOARD APPROVED AMENDMENTS TO THE LEVEL A MASTER PLAN AND THE LEVEL B.II MASTER PLAN. THE NEW MEXICO ENVIRONMENTAL LAW CENTER'S CLIENTS APPEALED THAT DECISION TO THE SECOND JUDICIAL DISTRICT COURT ON SEPTEMBER 1,2022. BRIEFING WAS COMPLETE IN FALL 2022. THE DISTRICT COURT'S DECISION AFFIRMING THE BOARD'S APPROVALS WAS ISSUED JUNE 29, 2023. OUR CLIENTS WILL NOT BE APPEALING THIS DECISION, BUT WILL CONTINUE TO EXPLORE OTHER WAYS TO PUT A STOP TO THE DEVELOPMENT. PUBLIC INTEREST: THERE ARE SEVERAL PUBLIC INTEREST ISSUES AT STAKE IN THIS LITIGATION. THE FIRST IS WHERE THE WATER WILL COME FROM FOR THE PROPOSED SANTOLINA DEVELOPMENT. THE NEW MEXICO ENVIRONMENTAL LAW CENTER'S CLIENTS ARE PARTICULARLY CONCERNED ABOUT THIS ISSUE BECAUSE THEY FEAR THE USE OF WATER FOR THE PROPOSED SANTOLINA DEVELOPMENT WILL REDUCE THE WATER THAT IS AVAILABLE FOR OTHER USERS IN THE ALBUQUERQUE AREA, WHICH IS WHERE EACH OF THE INDIVIDUAL CLIENTS IS LOCATED. THE SECOND PUBLIC INTEREST ISSUE IS WHETHER THE PROPOSED SANTOLINA DEVELOPMENT WILL LEAD TO SIGNIFICANT INCREASES IN TRAFFIC FROM THE WEST SIDE OF ALBUQUERQUE TO CENTRAL ALBUQUERQUE, THEREBY CAUSING SIGNIFICANT POLLUTION ON THE ROADS THAT CONNECT ALBUQUERQUE TO THE WEST SIDE. THE THIRD PUBLIC INTEREST ISSUE IS WHETHER THE CHILDREN FROM THE PROPOSED SANTOLINA DEVELOPMENT WILL EXACERBATE OVERCROWDING THAT ALREADY EXISTS IN THE ALBUQUERQUE PUBLIC SCHOOL DISTRICT SCHOOLS THAT SERVE STUDENTS ON THE WEST SIDE OF ALBUQUERQUE. THE FOURTH PUBLIC INTEREST ISSUE IS WHETHER THE DEVELOPMENT OF THE PROPOSED SANTOLINA DEVELOPMENT WILL CAUSE INCREASES IN TAXES FOR TAXPAYERS ELSEWHERE IN BERNALILLO COUNTY. FINALLY, THE FIFTH PUBLIC INTEREST ISSUE CONCERNS THE PROCUDURE FOLLOWED BY THE BERNALILLO COUNTY BOARD OF COMMISSIONERS. THE BOARD TREATED ITS PROCEEDINGS AS LEGISLATIVE PROCEEDINGS DESPITE THE LAW THAT INDICATES THAT THEY WERE QUASI-JUDICIAL PROCEEDINGS, IN WHICH PARTICIPANTS HAVE DUE PROCESS RIGHTS. ATTORNEYS' FEES: THE NEW MEXICO ENVIRONMENTAL LAW CENTER HAS NEITHER SOUGHT NOR RECOVERED ANY ATTORNEYS' FEES FROM AN OPPOSING PARTY IN ANY OF THESE CASES. CASE 3 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. UNDER THE CURRENT ADMINISTRATION, 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 THE CONSENT ORDER. THE 2005 CONSENT ORDER, THE STATE HAZARDOUS WASTE ACT ("HWA") AND THE FEDERAL RESOURCE CONSERVATION AND RECOVERY ACT ("RCRA") REQUIRED THAT THOSE DEADLINES BE MET AND IMPOSED PENALTIES FOR FAILURE TO MEET THOSE DEADLINES. IN JUNE, 2016, THE NMED AND THE CURRENT OPERATORS OF THE LABORATORY (51% CONTINUING UNDER THE UNIVERSITY OF CALIFORNIA, THE REST DIVIDED AMONG BECHTEL, AECOM, AND ANOTHER COMPANY TO FORM A CONSORTIUM OPERATOR CALLED LANS OR LOS ALAMOS NATIONAL SECURITY, LLC) ENTERED INTO A NEW CONSENT ORDER THAT VITIATED ALL OF THE DEADLINES IN THE ORIGINAL ORDER AND PUT THE CONSORTIUM AND THE DEPARTMENT OF ENERGY IN CONTROL OF SETTING ALL FUTURE REMEDIATION DEADLINES. NUCLEAR WATCH NEW MEXICO SUED TO RESTORE AND ENFORCE THE CONSENT ORDER AND TO ENFORCE RCRA AND THE STATE HWA. THE LAWSUIT ALSO SEEKS TO IMPOSE PENALTIES - WHICH CONTINUE TO ACCRUE, BUT AT THE TIME OF FILING WERE APPROXIMATELY 275,000,000. THE CASE WAS FILED IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO. THE DISTRICT COURT CONSIDERED THE MERITS OF THE CASE ON CROSS MOTIONS FOR SUMMARY JUDGMENT FILED BY ALL PARTIES. ON THE BASIS OF THOSE MOTIONS, THE DISTRICT COURT DENIED OUR CLAIM THAT THE CONSENT ORDER SHOULD BE RESTORED AND ENFORCED, BUT REFUSED TO DISMISS OUR CLAIM THAT THE DEFENDANTS SHOULD HAVE TO PAY THE PENALTIES THAT HAVE ACCRUED. THE CASE WAS SETTLED IN MARCH 2022 AND THE CASE WAS DISMISSED. PUBLIC INTEREST: THIS CASE INVOLVES ENFORCEMENT OF RCRA AND THE HWA WHICH ARE INTENDED TO PROTECT OCCUPATIONAL AND PUBLIC HEALTH AND SAFETY BY ASSURING PROPER DISPOSAL AND REMEDIATION OF DISPOSAL SITES INVOLVING THE STORAGE OF HAZARDOUS WASTE. ATTORNEYS' FEES: THE NEW MEXICO ENVIRONMENTAL LAW CENTER SOUGHT ATTORNEY'S FEES AND COSTS UNDER RCRA IN THIS CASE. IN SUMMER 2022, T FORM 990, PAGE 6, PART VI, LINE 11B 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. FORM 990, PAGE 6, PART VI, LINE 12C 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. FORM 990, PAGE 6, PART VI, LINE 15A 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. FORM 990, PAGE 6, PART VI, LINE 15B 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. FORM 990, PAGE 6, PART VI, LINE 19 GOVERNING DOCUMENTS, CONFLICT OF INTEREST POLICY AND AUDITED FINANCIAL STATEMENTS ARE MADE AVAILABLE TO THE PUBLIC UPON REQUEST.