Association to appeal bulk fuel facility ruling

July 17, 2009

Residents of San Clemente, who have been fighting to stop the construction of a bulk fuel facility in their community west of Los Lunas, have decided to appeal a district court decision that allows Plains All-American Pipeline to move forward with its project.

“The San Clemente association decided we are going to file an appeal with the New Mexico Court of Appeals,” said Virginia Smith, a San Clemente resident involved with the neighborhood association.

Smith said she and other San Clemente residents met with their attorney, H. Vern Payne, in the last two weeks to determine the feasibility of an appeal to the court of appeals, finding that Payne is ready to argue the case and residents continue to be willing to fundraise to cover the costs.

At a meeting Tuesday night, the association’s board and membership unanimously agreed to pursue the appeal.

Payne said three things can happen: The appeal can be summarily declined after the points of appeal are filed, which Smith said “will close the door on the on the judicial review process for San Clemente,” the appeals court can decide the case based on the record from the district court, or the court can accept briefs and call for oral arguments before making a decision.

“They can deal with it to whatever extent they think is justified by the nature of the issues,” he said.

The association must file a notice of appeal with the court of appeals by July 23. Both Payne and Smith expect to know whether or not the court will consider their appeal by mid-August.

Regardless of the court’s actions, Plains All-American Pipeline must still go through administrative reviews with the county, including permitting, which will allow San Clemente residents additional opportunities for input, Smith said.

“We would expect to have a voice in every permitting process they have to go through,” she said.

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