New Mexico Supreme Court requests parties file written arguments in Bishop's lodge wastewater case
Mark DeCamp, with nonprofit Protect Tesuque, stands outside of the Roundhouse on Jan. 30, before a Senate Conservation Hearing. (Austin Fisher / Source NM)
The New Mexico Supreme Court issued an order Wednesday requesting all the parties involved in a wastewater disposal dispute in Tesuque submit written arguments by May 19.
The court's decision follows an April 22 emergency petition submitted by attorneys representing nonprofit Protect Tesuque to halt a proposed permit for treated wastewater from Bishop's Lodge hotel and 82 adjacent homes in Tesuque Village.
New Mexico Supreme Court asked to weigh in on Tesuque wastewater conflict
Protect Tesuque argued that the New Mexico Environment Department wrongly applied state environmental laws in the permitting process, and asked the state's highest court to intervene.
In the motion, attorneys for the nonprofit argue that NMED's permitting policies unequally enforce limitations in liquid waste laws between smaller and larger permits (more than 5,000 gallons of liquid waste per day), which they say amounts to a constitutional violation because it ignores state environmental laws.
Tom Hnasko, the attorney representing Protect Tesuque, said the court could have denied the petition without further argument.
'They obviously want to see what the Environment Department and Bishop's Lodge have to say about the matter,' he said.
Attorneys for both Bishop's Lodge and the New Mexico Environment Department requested the state's justices deny the petition, and filed documents last week saying they intended to file further arguments.
'The New Mexico Environment Department remains confident in its legal position that Bishop's Lodge's wastewater treatment system is subject to state ground and surface water quality regulations. NMED has consistently found that the facility meets or exceeds all applicable state water quality standards. Due to ongoing litigation, we are unable to comment further at this time,' said Drew Goretzka, a spokesperson at the New Mexico Environment Department in a written statement Wednesday.
Representatives for Bishop's Lodge or its parent company, Juniper Capital, did not respond to emailed requests for comment Wednesday afternoon. The hotel and its parent company maintain that the proposal to treat sewage is safe, noting that it installed a new wastewater treatment plant in 2024 'designed to meet or exceed all local and national water quality standards.'
The draft permit is scheduled for a May 19 hearing before the New Mexico Environment for additional testimony, which at this time, remains in place.
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