Montgomery and Andrews Law Firm

Overview

Mr. Rose advises clients on compliance with federal and state environmental laws and regulations. He represents clients before federal and state agencies and courts on environmental permitting, rulemaking and enforcement matters.

Education

Bachelor of Science degree, cum laude in general studies, from the University of New Mexico (1973)

Juris Doctor degree from the University of New Mexico (1976)

Professional Memberships and Activities

American Bar Association

New Mexico Bar Association

First Judicial Bar Association

Honors

Valued Member Award in 2003 from the New Mexico Oil and Gas Association

Exemplary Service Award in 2004 from the New Mexico Association of Commerce and Industry

Speaking Engagements

Presentation on energy production and environmental liabilities to the State Bar of New Mexico (July 2009)

Presentation on global climate change given to the interim New Mexico Legislative Finance Committee (May 2008).

Professional Development

New Mexico Water Law Seminar (2009), conducted by CLE International. Mr. Rose chaired the second day of the seminar, which is dedicated to water quality issues, and gave a presentation on point of compliance under the New Mexico Water Quality Act.

Resource Development and Climate Change (2008), conducted by the Rocky Mountain Mineral Law Foundation. The 2-day seminar focused on climate change issues and their impact on natural resource development and energy production in the United States.

Representative Cases/Transactions

Environmental Protection Division v. DCP Midstream, LP, Nos. AQCA 06-29, 06-30 & 06-31 (CO) (NMED 2008)—Enforcement proceeding, including compliance orders with civil penalties, under the Air Quality Control Act for alleged violations at three facilities in Southeast New Mexico.

In The Matter Of The Application of C and E Concrete For An Air Quality Construction Permit for the 600 tph Portable Rock Crushing Plant Permit #0879M2, No. AQCA 06-39 (P) (NMED 2007)—Permitting action under the Air Quality Control Act of a rock crushing plant located near Ramah, New Mexico. Mr. Rose represented C&E in a formal administrative hearing before the Environment Department and appeal of the permit before the Environmental Improvement Board.

Discharge Permit DP-933 (NMED 2008)—Discharge permit for Chevron Mining, Inc.’s Questa Mine tailing facility. Mr. Rose assisted CMI in negotiating the permit and resolving objections from citizens groups.

Mixed Waste Landfill Permit (NMED 2005)—Proposed modification of a hazardous waste permit for corrective action at Sandia National Laboratory. Mr. Rose represented Sandia in a public hearing before the Environment Department and an appeal to the New Mexico Court of Appeals.

Discharge Permit DP-1481 (NMED 2007)—Ground water discharge permit for Louisiana Energy Services, LP’s National Enrichment Facility. Mr. Rose represented LES in an administrative hearing before the Environment Department, an administrative appeal before the Water Quality Control Commission and an appeal to the New Mexico Court of Appeals.

In the Matter of Proposed Amendments to 20.2.2 and 20.2.73 NMAC and Proposed New 20.2.87 NMAC, No. EIB 07-07 (R) (EIB 2007)—Rulemaking proceeding before the Environmental Improvement Board to adopt requirements for reporting of greenhouse gas emissions. Mr. Rose represented the New Mexico Oil and Gas Association in this rulemaking.

Representative Clients

Chevron Mining, Inc.: Chevron Mining (formerly Molycorp) owns and operates a molybdenum mine near Questa, New Mexico.

DCP Midstream, LP: DCP Midstream (formerly Duke Energy Field Services) owns and operates natural gas gathering and gas processing facilities in Southeast, New Mexico.

Navajo Refining Company: Navajo owns and operates petroleum refineries near Artesia and Lovington, New Mexico.

Intel Corporation: Intel owns and operates a semiconductor manufacturing facility in Rio Rancho, New Mexico.

Mosaic Potash Carlsbad, Inc.: Mosaic owns and operates a potash mining operation near Carlsbad, New Mexico.

Williams Four Corners, LLC: Williams owns and operates natural gas compressor stations and processing plants in Northwest, New Mexico.

New Mexico Oil and Gas Association: NMOGA is a trade association representing over 300 companies involved in oil and gas producing, refining, processing, transportation, marketing and servicing in New Mexico.

Los Alamos National Security, LLC: LANS operates the Los Alamos National Laboratory, located in Los Alamos, New Mexico, for the U.S. Department of Energy.

Sandia Corporation: Sandia operates the Sandia National Laboratory, located in Albuquerque, New Mexico, for the U.S. Department of Energy.