Emails show lead counsel, special interests, current and former regulators collaborating on PR piece

ALBUQUERQUE - Documents recently obtained by the New Mexico Association of Commerce and Industry reveal that the Office of the Attorney General has schemed with environmentalist groups on a public-relations campaign to sway the outcome of an upcoming state Supreme Court decision concerning copper mining.

In a Sept. 22 email thread that begins from Rachel Conn, the project director of the environmentalist group Amigos Bravos, Conn provides recipients with a draft of an opinion editorial drafted by Conn and Tannis Fox, the lead counsel for the Attorney General's Office on an appeal of the state's Copper Mine Rule, which will be heard this week by the New Mexico Supreme Court.

GǣSee attached draft op-ed that Tannis and I put together hope to submit it to the (Santa Fe) New Mexican today,Gǥ Conn's email reads. GǣPlease let me know if you have any concerns asap.Gǥ

The draft op-ed attached in the email says that the Copper Mine Rule Gǣallows an entire industry to intentionally pollute groundwater. The pollution is allowed during mining operations and during closure, in perpetuity ... Amigos Bravos along with Gila Resources Information Project and Turner Ranch Properties, LLC have petitioned the New Mexico Supreme Court to set aside the Rule and require the WQCC (Water Quality Control Commission) to adopt a regulation that protects groundwater quality from copper mine contamination.Gǥ

Industry groups are crying foul that Fox, a longtime state employee, violated the public's trust to fairly represent all New Mexicans by drafting the public-relations piece.

GǣThe AG's own Compliance Guide to the Governmental Conduct Act clearly states, 'trust in government depends upon the belief that government will give out truthful and complete information and act with transparency,'Gǥ ACI President and CEO Jason Espinoza said. GǣState-government staff working secretly for the benefit of environmental activist organizations and for the purpose of exerting political pressure on the New Mexico Supreme Court erodes the public's trust in government.Gǥ

The state Supreme Court is scheduled to hear oral arguments on Wednesday after more than a year since the groups and AG's Office requested to review a Court of Appeals decision that upheld the Copper Mine Rule. Proceedings are expected to begin at 1:30 p.m.

GǣThe Copper Mine Rule is the most stringent mining regulation in the United States and was affirmed by the New Mexico Court of Appeals in 2015,Gǥ Espinoza said. GǣThe court is quoted as saying the allegations that the rule allows facility contamination and widespread pollution are unfounded or otherwise exaggerated."

Recommended by the New Mexico Environment Department and adopted by the state's Water Quality Control Commission, the Copper Mine Rule was supported by a bi-partisan group of state and local officials, New Mexico Tech, Western New Mexico University and ACI.

Mike Bowen, executive director of the New Mexico Mining Association, said the draft op-ed by Conn and Fox falsely accuses the mining industry of covertly writing the Copper Mine Rule for the New Mexico Environment Department behind closed doors.

"From the outset, the mining industry has simply asked for decisions from governmental regulators that are fair, impartial and based on science," Bowen said. "It is disappointing to see current and former government regulators secretly partner with special-interest groups to advocate for positions that will permanently harm our industry and ultimately cost New Mexicans jobs."

According to ACI's interim policy agenda, the organization Gǣsupports the new Copper Mine Rule, which will strengthen the protection of groundwater compared to prior rules, while also providing a greater degree of predictability to encourage much needed economic investment in the state and create a regulatory framework that is consistent and reliable.Gǥ

Espinoza said Fox's talents better serve New Mexicans when they're used in the interests of all New Mexicans, not just special interests.

GǣThe fact that these attorneys would resort to spreading misrepresentations and fallacy about the Copper Mine Rule in the press instead of relying on legal merit is not surprising,Gǥ Espinoza said. GǣSix different judges from the New Mexico Court of Appeals have rejected the notion that the rule will allow groundwater contamination, and we expect the Supreme Court will conclude the same.Gǥ

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ACI is New Mexico's statewide business advocate, representing hundreds of businesses and thousands of employees in all industries and regions of New Mexico. The organization develops positions through member-led committees, and advocates for pro-business, pro-growth policies for a stronger economy and for better opportunities for New Mexicans.