WQCC Matter 12-01 R

The Copper Rule

In the Matter of: Proposed Amendment to 20.6.2 NMAC

RESPONDENTS:

Andrew Knight and Kathryn Becker – New Mexico Environment Department / Office of the General Counsel;
Dal Moellenberg and TJ Trujillo – Gallagher & Kennedy;
Bruce Fredrick and Jonathan Block – New Mexico Environmental Law Center;
Tannis L. Fox – Office of the New Mexico Attorney General;
William Olson;
Louis W. Rose – Montgomery and Andrews, P.A.;
Tracy Hughes – High Desert Energy + Environment Law LLC; and
John Indall – Comeau, Maldegen, Templemen and Indall LLP.

The Commission adopted NMED’s final rulemaking proposal and Statement of Reasons on September 25, 2013. Their Order and Statement of Reasons is available online in three parts:

Pleadings Log

1.	Motion to Approve Schedule for Development of Copper Regulations
2.	Notice of Docketing
3.	Order Approving Revised Schedule for Development of Copper Regulations
4.	Petition to Adopt 20.6.7 and 20.6.8 NMAC and Request for Hearing
5.	AG’s Motion to Admit Record from Tyrone Permit Appeal into Record Proper
6.	Freeport-McMoRan’s Response to Petition for Rulemaking
7.	Entry of Appearance by Dalva Moellenberg and T.J. Trujillo, Gallagher & Kennedy, for FMI
8.	Attachment H, Attachment I, Attachment J, Attachment K
9.	NMED’s Response to AG’s Motion to Admit Record from Tyrone Permit Appeal
10.	Procedural Order
11.	Reply in Support of AG’s Motion to Admit Record from Tyrone Permit Appeal
12.	Freeport-McMoRan’s Objections to Procedural Order and Request for Clarification
13.	GRIP, Amigos Bravos and Turner Ranch Properties’ Joint Motion to Dismiss Petition for Rulemaking
14.	Entry of Appearance by Louis Rose of Montgomery & Andrews and Jon Indall of Comeau, Maldegen, Templeman & Indall for the New Mexico Mining Association
15.	NMED’s Brief on the Commission’s Authority to Consider the Petition
16.	AG’s Motion to Remand the Proposed Copper Mine Rule to NMED
	Attachment A, Attachment B, Attachment C, Attachment D, Attachment E, Attachment F, Attachment G Attachment H, Attachment I , Attachment J, Attachment K
17.	Freeport-McMoRan’s Brief on the Commission’s Authority to Conduct a Copper Industry-Specific Rulemaking
18.	AG’s Response to FMI’s Objections to Procedural Order and Request for Clarification
19.	FMI’s Consolidated Response to Joint Motion to Dismiss Petition and the AG’s Motion to Remand Proposed Rule
20.	AG’s Response to FMI’s Brief on the Commission’s Authority to Consider Petition
21.	AG’s Response to NMED’s Brief on Commission’s Authority to Consider Petition
22.	NM Mining Assoc. Consol. Memorandum in Response to AG’s Motion to Remand Proposed Rules and Various Organizations’ Joint Motion to Dismiss Petition for Rulemaking
23.	NMED’s Response to Motions to Remand or Dismiss
24.	Entry of Appearance by Tracy Hughes
25.	Citizens’ Joint Response to FMI’s Brief on the Commission’s Authority to Conduct Rulemaking and NMED’s Brief on the Commission’s Authority to Consider Petition
26.	Amigos Bravos’ Motion to Postpone Hearing
27.	Joint Response to FMI’s Objections to Procedural Order
28.	NMED’s Notice of Substitution of Counsel
29.	AG’s Unopposed Motion to Extend Time to Reply to FMI’s Consolidated Response
30.	AG’s Reply to NMED in Support of Motion to Remand
31.	AG’s Reply to NM Mining Association in Support of Motion to Remand
32.	NMED’s Reply Brief
33.	Citizens’ Reply to NMED’s Response to Remand or Dismiss and to NM Mining Association’s Response
34.	Citizens’ Reply to FMI’s Response to Joint Motion to Dismiss Petition for Rulemaking
35.	FMI’s Consolidated Reply to the Citizens’ and AG’s Responses to the Brief on Commission Authority
36.	NMED’s Response to Amigos Bravos’ Motion to Postpone Hearing
37.	FMI’s Response to Amigos Bravos’ Motion to Postpone Hearing
38.	Order Granting AG’s Motion to Extend Time for Reply
39.	AG’s Reply to FMI’s Consolidated Response to Motion to Remand
40.	Order on AG’s Motion to Admit Record from Tyrone Permit Appeal into Record Proper
41.	Order on FMI’s Objection to Procedural Order and Request for Clarification
42.	Administrator’s Service List
43.	Public notice of Hearing in English and in Spanish
44.	Order on Amigos Bravos’ Motion to Postpone Hearing
45.	NMED’s Amended Petition
46.	Amigos Bravos’ Second Motion to Postpone Hearing
47.	Order on Amigos Bravos’ Second Motion to Postpone Hearing
48.	Revised Public Notice of Hearing in English and in Spanish
49.	NMED Notice of Intent to Present Technical Testimony, with Testimony of Adrian Brown and Thomas Skibitski Exhibits 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19
50.	FMI Notice of Intent to Present Technical Testimony, with Testimony of T. Neil Blandford, John Brack, Timothy Eastep, Jim B. Finley, Michael Grass, Lynn Lande, Lewis Munk, James C. Scott, and Thomas L. Shelley
	FMI Exhibits Blandford 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23. Brack 1, 2, 3, 4, 5, 6, 7, 8. Eastep 1. Finley 1, 2, 3, 4, 5, 6. Grass 1, 2, 3, 4. Lande 1, 2, 3, 4, 5, 6, 7. Lande PowerPoint Munk 1, 2. Scott A, B-1, B-2, C, D, D-1, D-2, D-3, D-4, D-5, D-6, D-7, D-8, D-9, D-10, D-11, D-12, D-13, D-14, D-15, D-16, D-17, D-18, D-19, D-20, D-21, D-22, D-23, D-24, D-25, D-26, D-27, D-28, D-29, D-30, D-31, D-32, D-33, D-34, D-35, D-36, D-37, D-38, D-39, D-40, D-41, D-42, D-43, E. Shelley 1, 2, 3, 4, 5-1, 5-2, 6, 7.
51.	NMAG Notice of Intent to Present Technical Testimony
	NMAG Exhibits 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23.
52.	Amigos Bravos Notice of Intent to Present Technical Testimony, with Testimony of Brian Shields
	AB Exhibits 1, 2, 3, and 4.
53.	GRIP and Turner Ranch Properties Notice of Intent to Present Technical Testimony, with Testimony of James Kuipers and Sally Smith
	Kuipers Exhibits 1 and 2. Smith Exhibits 1, 2, 3 and 4.
54.	William Olson Notice of Intent to Present Technical Testimony
	WCO Exhibits 1, 2, 3, 4-6, 7, 8, 9,10, 11,12, 13, 14, 15, 16 and 17.
55.	FMI Motion for Extension of Time for One Exhibit
56.	Order Granting Motion for Extension of Time
57.	FMI Notice of Intent — Supplemental Exhibit – Brack 4
58.	Revised Service List
59.	NMED’s Notice of Objection to W.C. Olson’s NOI
60.	NMED’s NOI to Present Technical Rebuttal, with Testimony of Adrian Brown and Thomas Skibitski and Exhibit 20, Ex. 21, Ex. 22, Ex. 23, Ex. 24, Ex. 25, Ex. 26
61.	FMI’s NOI to Present Technical Rebuttal, with Testimony of T. Neil Blandford, Timothy E. Eastep, Jim B. Finley, Jr., Michael Grass, Lynn Lande, Lewis Munk, James C. Scott, and Thomas L. Shelley. Exhibits: Blandford Ex. 1, Ex. 2, Ex. 3, Ex. 4, Ex. 5, Ex. 6, Ex. 7.
62.	FMI’s Motion for Leave to Withdraw Testimony and Re-file Substitute, Condensed Testimony
63.	AGO Notice of Filing Rebuttal Testimony and Exhibits with Ex. 24, Ex. 25, Ex. 26, Ex. 27, Ex. 28, Ex. 29 and Ex. 30.
64.	AGO Notice of Errata
65.	AGO Motion to Strike NMED Notice of Objection
66.	Amigos Bravos’ NOI to Present Rebuttal Technical Testimony
67.	GRIP and Turner Ranch Properties NOI to Present Technical Rebuttal Testimony withKuipers Att. A and Att. B
68.	W.C. Olson NOI to Present Technical Rebuttal Testimony
69.	Amigos Bravos’ Motion to Strike NMED’s Notice of Objection
70.	William C. Olson Response to NMED Notice of Objection
71.	NMED’s Motion to Exclude AGO Exhibits of Written Testimony and Transcripts From Prior Permit Appeal Proceedings
72.	NMED’s Motion to Exclude Mr. Olson’s Exhibits of Written Testimony and Transcripts from Prior Permit Appeal Proceedings
73.	AGO Response to FMI’s Motion to Withdraw Testimony and File Substitute Testimony
74.	AGO Motion to Strike FMI Video – Brack Exhibit 4
75.	NMED’s Response to AGO and Amigos Bravos’ Motions to Strike Notice of Objection
76.	AGO’s Response to NMED’s Motion to Exclude AGO Exhibits and Testimony from Prior Proceedings
77.	Olson’s Response to NMED’s Motion to Exclude Olson’s Exhibits and Testimony from Prior Proceedings
78.	FMI Response to AG Motion to Strike Video Exhibit -Brack 4
79.	FMI Reply on Motion to Withdraw and File Substitute Testimony
80.	Supplement to AGO Response to FMI Motion to File Substitute Testimony
81.	Order on Several Motions and Additional Procedural Matters
82.	NMAGO Notice of Errata
83.	FMI Notice of Errata
84.	Notice of Transcript Filing
85.	AGO Notice of Supplementing Record with AGO Ex. 48 and Ex. 49
86.	AGO Notice of Filing Complete Set of AGO Exhibits on CD, with CD
87.	AGO Disc Correcting Errata on Disc Submitted with Item 86
88.	Joint Motion to Extend Time to File Post-Hearing Submittals
89.	Order Granting Jont Motion to Extend Time
90.	Motion to Extend Filing of Post-hearing Briefs
91.	Order on Motion to Extend Filing of Post-hearing Briefs
92.	NMED’s Closing Argument
93.	NMED’s Proposed Statement of Reasons
94.	FMI’s Closing Argument
95.	AGO Closing Argument in Support of Joint Proposal
96.	AGO Statement of Reasons in Support of Joint Proposal
97.	Amigos Bravos’ Statement of Reasons in Support of its Amendments
98.	Closing Argument of Gila Resources Information Project, Turner Ranch Properties and Amigos Bravos
99.	William C. Olson Closing Argument
100.	William C. Olson Proposed Statement of Reasons
101.	Joint Proposal from the NMAGO, GRIP, Turner Ranch, Amigos Bravos and William C. Olson
102.	Notice of Non-Appearance by Tracy Hughes
103.	AGO Motion to Estop NMED From Taking Inconsistent Positions Before the Commission
104.	AGO Motion to Strike NMED’s Request that Commission Re-Determine Place of Withdrawal
105.	AGO Motion to Strike NMED’s Proposed Findings for Lack of Evidence
106.	FMI’s Consolidated Responses to AGO’s Motions
107.	NMED’s Consolidated Response to AGO’s Motions
108.	WQCC Order and Statement of Reasons Adopting the Copper Rule: Part 1, Part 2, Part 3
109.	Joint Request for Stay of 20.6.7 NMAC by GRIP, TRP and AB
110.	FMI’s Motion for Extension of Time to Respond to Request for Stay and Request for Scheduling Conference and Order
111.	WCO Concurrence in Motion for Stay of 20.6.7 NMAC
112.	Procedural Order Relating to the Joint Motion for Stay
113.	AGO’s Support of Joint Request for Stay of 20.6.7 NMAC
114.	Notice of Proposed Testimony and Other Evidence Offered in Support of Motion to Stay The Copper Rule Pending Appeal: Part 1, Part 2, Part 3, Part 4, Part 5
115.	NMED’s Response to the Request for Stay
116.	FMI’s Opposition to the Request for Stay
117.	Reply to Responses to Stay by TRP, GRIP and AB
118.	Motion to Disqualify the WQCC from Hearing the Motion for Stay
119.	Second Procedural Order relating to Motion for Stay
120.	NMED’s Response to Motion to Disqualify the WQCC from Hearing the Motion to Stay
121.	FMI’s Response to Motion to Disqualify the WQCC from Hearing the Motion to Stay

Hearing Exhibits

FMI

FCX NOI Excerpts I, Figures from Scott Direct Tx, Ex. J, Ex. K, Ex. L, Blandford Slide Excerpts, Blandford Ex. 8, Ex. 9 and Ex. 10.

NMAG

Ex. 31, Ex. 32 (part 1, part 2, part 3), Ex. 33 (b/w, color), Ex. 34, Ex. 35, Ex. 36, Ex. 37, Ex. 38 (formerly Ex. 33a), Ex. 39, Ex. 40, Ex. 41, Ex. 42, Ex. 43, Ex. 44, Ex. 45, Ex. 46, Ex. 47

GRIP

Kuipers Ex JK-1, JK-2, JK-3.

Amigos Bravos

Ex. 7, Ex. 8

William C. Olson

WCO Surrebuttal Ex. 1, Ex. 2, Ex. 3 and Ex. 4.

Public Comment

Written statements and other documents submitted during the hearing include public comment from Tammy Arguello, Jens Deichmann, Frank Drysdale, Joe Hempfling, League of Women Voters, Marcy Leavitt, Douglas C. Littlejohn, Sean Ormand, Nick Pedraza with letters urging remand, Rio Grande Chapter of the Sierra Club, Allyson Siwik with document, Janet Wallet-Ortiz, Max Yeh with addendum, and a Petition urging remand of the rule.

Written public comment sent to the Commission Administrator includes letters received April 1, April 2, April 3, April 5, April 8, April 9, April 10, April 11, April 13, April 14, April 15, April 16, April 19, April 22, April 23, April 24, April 25, April 26, April 28, April 29, April 30 (part 1, part 2), May 1, May 2 and May 3.

Written public comment sent to the Commission Administrator also includes letters from Sierra Club members dated April 26 (part 1, part 2, part 3, part 4, part 5, part 6, part 7), April 27 (part 1, part 2, part 3, part 4), April 28 (part 1, part 2), April 29, April 30, May 1, May 2 and May 3.

Written public comment was also submitted during 2012 as part of the rule development process, and verbal comment was accepted in Albuquerque and Silver City in September 2012. A disc with audio-recording is available from the Administrator. No transcript was made.