ACLU sues Albuquerque to force redistricting

The American Civil Liberties Union (ACLU) of New Mexico is demanding that the City of Albuquerque reverse its decision to postpone redistricting until after the upcoming city council elections in October 2011.

Yesterday the group filed this lawsuit in state district court.

Data from the 2010 census shows that Albuquerque’s West Side experienced significant population growth, while other areas of the city remained stagnant or shrunk in population. The ACLU said it believes the Albuquerque City Council will dilute the voting power of residents on the West Side.

“At the heart of our democracy is the principle of ‘one person, one vote’,” ACLU-NM Executive Director Peter Simonson said. “When one city council district is grossly underrepresented, other areas of the city speak with a louder voice when it comes to making decisions about political leadership, bond proposals, and other important issues that affect us all. Failing to redistrict waters down the vote of citizens living in high-growth areas.”

The City of Albuquerque is divided into nine separate districts, each holding one seat on the city council. By law the boundaries of these districts must be drawn in such a way that each district is roughly equal in population. According to the latest census data, District 1 and District 5—both on the West Side—have 90,170 and 83,165 residents respectively. The remaining seven districts all have constituencies ranging in the low to mid-50,000 range.

For the past three decades following the release of new census data, the City of Albuquerque has moved swiftly to redistrict before the next city council election, ensuring that all areas of the city remained equally represented. This year, with full knowledge of the current major imbalance, the city chose to postpone redistricting until after the October 2011 city council election.

“The entire purpose of census data is to make sure that our government accurately represents who we are and the communities we live in,” ACLU-NM Cooperating Attorney David Urias said. “By ignoring the latest census data, the Albuquerque City Council devalues the votes of almost two-fifths of the city’s population.”

The ACLU claims its lawsuit represents more than 170,000 people living on the city's "underrepresented" West Side, the ACLU of New Mexico asks the court to prohibit the City Council of the City of Albuquerque from holding elections until they have completed redistricting as required under the Constitution.

Cities are constitutionally required to reapportion voting districts every 10 years following the release of federal census data to ensure equal representation among voters.

State to investigate contamination at mine

The New Mexico Environment Department’s Ground Water Quality Bureau received a Stage 1 Abatement Plan proposal from New Mexico Copper Corporation to investigate surface and ground water contamination at the Copper Flat Mine. The facility is located approximately 5 miles northeast of Hillsboro on NM Highway 152.

Water quality monitoring of monitoring wells and an open pit pool at the facility showed concentrations of total dissolved solids (TDS), sulfate, chloride, manganese, and uranium in exceedence of New Mexico ground water standards during past investigations. The depth to ground water at the site ranges from 0 to 50 feet. In a letter to New Mexico Copper Corporation, NMED required that an Abatement Plan proposal be submitted within 60 days of notification.

The Stage 1 Abatement Plan submitted by the company proposes collecting soil, surface water and ground water samples and installing additional ground water monitoring wells to define the extent of soil and ground water pollution.

New Mexico Water Quality Control Commission regulations require responsible parties to remediate surface and ground water pollution. After the investigation is completed, a Stage 2 Abatement Plan proposal will be submitted to NMED. A public notice of the Stage 2 Abatement Plan proposal will be issued by New Mexico Copper Corporation within 30 days of submitting the proposal to NMED.

The public will have an opportunity to comment on the Stage 2 Abatement Plan proposal and request a hearing or meeting. NMED will seek written comments from the public within 60 days of determining that the cleanup proposal is administratively complete.