P R E S S R E L E A S E
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FOR IMMEDIATE RELEASE
Date: Date: April 14, 2008
Contact Citizen Action: (505) 262-1862
Dave McCoy
dave@radfreenm.org
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New Mexico Environment Department Ordered to Provide Chief of Hazardous Waste Bureau to Citizen Action for Questioning about Secret TechLaw Document
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On Monday, Judge Daniel Sanchez granted a motion by Citizen Action to compel the taking of a deposition of James Bearzi, the NMED Chief of the Hazardous Waste Bureau. NMED’s motion for a protective order for Mr. Bearzi was denied. Also ordered were written responses to several of Citizen Action’s questions about the TechLaw report.
Citizen Action Attorney Nancy Simmons argued that NMED incorrectly sought a blanket stay of all information prior to the hearing for the motion for summary judgment. Deputy Attorney General Scott Fuqua argued that there are factual issues about the TechLaw report that would rule out a summary judgment in the matter. Mr. Fuqua argued there are fact issues as to whether executive privilege would protect the TechLaw report. The Attorney General’s Office is opposed to state agencies bringing the type of lawsuit that was brought against Citizen Action after the Attorney General has determined a document should be released.
NMED Attorney Tannis Fox opined that NMED had limited financial and legal resources to allow the taking of a deposition of Mr. Bearzi, “who has better things to do,” and should not be required to answer questions before the court decides the merits of its motion for summary judgment. Attorney Simmons answered that it was the NMED that brought the lawsuit against Citizen Action requiring Citizen Action to hire an attorney to defend its request for the secret TechLaw report.
Initially, the matter was decided by a default decision in Citizen Action’s favor because NMED Attorney Fox did not appear in court. But the matter was heard again after Ms. Fox’ appearance as the other attorneys were leaving the courthouse. After hearing Ms Fox’ arguments, the court again granted Citizen Action’s request and denied a protective order for Mr. Bearzi.
The New Mexico Environment Department filed a lawsuit against the public interest group Citizen Action in October 2007. The lawsuit asks the Santa Fe First District Court to keep the public from obtaining a document called the 2006 TechLaw report about possible leaking of nuclear and hazardous wastes to the groundwater at Sandia National Laboratories’ Mixed Waste Landfill. The New Mexico Attorney General Office filed a petition to intervene for release of the report after stating twice previously that the report “fit squarely within the definition of a public record… subject to inspection.” NMED previously furnished TechLaw reports from 2000, but now asserts “executive privilege” to withhold the 2006 report as a draft document.
A court decision to grant the Environment Department executive privilege to withhold the document could set a precedent that would limit the public’s ability to monitor government agencies throughout New Mexico.
Citizen Action is a Project of the New Mexico Community Foundation.
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