State Forester at New Mexico Energy, Minerals and Natural Resources Department
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Administrative Services Division Director and Chief Financial Officer
Assistant General Counsel (ECAM)
Assistant General Counsel (HR, Parks)
Assistant General Counsel (MMD)
Assistant General Counsel (OCD)
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The commission adopted the meeting agenda. It was noted that all pending cases scheduled for the hearing were either voluntarily dismissed by the parties or vacated. The commission subsequently voted to enter into a closed session to discuss matters related to pending litigation.
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The Commission held a status conference regarding consolidated cases 26053 and 26082. The discussion centered on whether standing serves as a threshold issue that should be addressed prior to a hearing on the merits, and how to effectively manage the evidentiary record. Commissioners and counsel discussed the need for written briefing on preliminary motions, including motions to dismiss based on standing, to clarify the scope of disputed facts before proceeding further.
The meeting primarily focused on scheduling logistics for pending Case 26206, involving Marathon Oil Company and Powder Horn Operating, specifically regarding witness availability and future hearing timelines. The commission also addressed motions for rehearing for Case 24683, involving Neimoga and the Independent Petroleum Association of New Mexico, establishing the procedure for presenting oral summations regarding these related applications.
The hearing focused on the technical and regulatory aspects of Class VI carbon capture and storage (CCS) permits, including expert testimony from Dr. Harvey. Key discussion topics included the role of pressure fronts in defining areas of review for injection sites, the potential for requiring automatic triggers for reevaluation, and the necessity of mandatory surface air monitoring. There was debate regarding whether proposed requirements like 10-mile radius evaluations for other injection projects should be mandatory or site-specific, and the expert's familiarity with EPA's historical rulemaking decisions on these matters was questioned.
Extracted from official board minutes, strategic plans, and video transcripts.
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