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  • Elizabeth McCall covers Albuquerque City Hall and local government for nm.news. She is a graduate of NMSU's School of Journalism and previously reported for The Independent News.

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The Environmental Protection Agency (EPA) announced Friday an investigation into the City of Albuquerque and the City Council in response to a complaint that alleges possible civil rights violations. 

The Mountain View Coalition and the New Mexico Environmental Law Center filed the complaint May 2024, alleging that the council violated the federal Civil Rights Act by discriminating against Mountain View, one of the cityโ€™s โ€œlow-income communities of color.โ€ 

The coalition petitioned the Albuquerque-Bernalillo County Air Quality Control Board to adopt a rule requiring โ€œthe local Environmental Health Department to consider these overburdened communities, and the disproportionate health impacts they bear, when reviewing an application for an air pollution permit.โ€ 

According to the complaint, Mayor Tim Kellerโ€™s administration and the council โ€œintentionally interferedโ€ with the rulemaking efforts, and its โ€œintent to halt the rulemaking precedingโ€ violated Mountain Viewโ€™s efforts to be involved in the rulemaking process and discriminated โ€œon the basis of race, color and national origin.โ€

Staci Drangmeister, a Keller spokesperson, told City Desk ABQ in a statement the mayor’s office previously expressed concerns about the council’s actions.

โ€œWe share the concern that our frontline communities are overburdened by pollution and warned that councilโ€™s interference would bring legal challenges,โ€ Drangmeister said.

Council President Brook Bassan did not respond to a request for comment before publication.

Genevieve Chavez Mitchell, the president of the Mountain View Neighborhood Association said in a statement that the association is โ€œvery pleased that this issue is being addressed.โ€ 

โ€œThe Mountain View Community has two superfund sites, numerous brownfields, seven petroleum tank farms and miles of salvage yards,โ€ Mitchell said. โ€œWe do not have a restaurant, grocery store, a public park, or green space. We worry about air quality, drinking water and soil pollution from years of industrial discharges. We would like a plan for industrial pollution clean up, a plan for mixed-use development and no more dirty industry. We want a healthy, thriving, beautiful community.โ€

According to the law center, the complaint specifically asked the EPA to do the following:

  • Conduct an investigation into the city and the councilโ€™s alleged discriminatory conduct and interference in a rulemaking process 
  • Allow public comment on the matter 
  • If warranted, remove the cityโ€™s federal funding; and
  • Take all other necessary actions, including a review to ensure the city and the council comply with the federal Civil Rights Act and EPAโ€™s implementing regulations.

Elizabeth McCall covers Albuquerque City Hall and local government for nm.news. She is a graduate of NMSU's School of Journalism and previously reported for The Independent News.

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