WE’RE IN!! (LPT STATUS UPDATE)
By Dick Ulmer – On Tuesday, May 10, the Eastern Sandoval Citizens Association, Inc (ES-CA), represented by ES-CA Land Protection Trust (ESCA-LPT) Board Directors Richard Ulmer and Stephen Vaughan, were granted the right to intervene as Plaintiffs in the Sandoval County lawsuit against Vulcan and Lafarge.
This suit charges the mining operators and owners of the Placitas Pit with violation of several terms of the 1988 Certificate of Nonconformance. Floyd Wilson, the litigator for ESCA-LPT presented Judge Mercer with arguments supporting our intervention and explained that because of the alleged violations, many ESCA members “have suffered, and continue, to suffer severe and irreparable harm as a consequence of Defendants’ non-compliance with the terms and conditions of the Certificate of Non-Conformance. Without limitation, such harm includes loss of the value of their homes, excessive, and in some cases, dangerous air pollution, water pollution, noise, dust, light, vibrations, and visual pollution.”
Arguments against our intervention were presented by the lawyer representing both Lafarge and Vulcan, and the County Attorney took the position that he “did not oppose” our intervention—but also made other comments that were supportive of our cause. Much of the discussion between the lawyers were on technical points of case law. Wilson told the judge that given the “harm” to surrounding homeowners, that it was important that we have a “seat at the table” in proving the allegations and in any settlement discussions. At the end, the judge agreed and asked our lawyer to write up the court order granting our motion to intervene.
While this is only the first round, it became evident just how important the intervention really is. During the Vulcan testimony, their lawyer asserted that “settlement discussions were currently in progress with the County.” As a result of this action, we must now be party to such settlement before the suit can be dismissed—which I think our members can agree is in our best interests and will force a level of transparency that would likely not otherwise occur. Lafarge and Vulcan now know they must take our issues seriously.