LAS CRUCES - A Helena Chemical Co. representative said Wednesday the company is considering its options in the wake of a decision this week that denied its request to operate a Mesquite facility without an air quality permit.

The state Environmental Improvement Board ruled Monday that the company must continue to operate with the permit.

Louis Rodrigue, vice president of Helena's southern business unit, said the company was "disappointed" with the decision. He noted that there's still an appeal to the state Court of Appeals that's possible, but he didn't say for sure whether the company will take that route.

"We are evaluating our options and still believe that Helena is not legally required to have an air permit for our warehouse that distributes dry bulk fertilizer to New Mexico farmers," said Rodrigue in a statement.

Meanwhile, a group of Mesquite residents and environmental activists applauded the environmental board's decision.

"Canceling the air quality permit requirement would have ignored our community's concerns about the impact of Helena Chemical's operation on Mesquite's quality of life," said resident Arturo Uribe, director of the Mesquite Community Action Committee, in a news release. "We're glad that the EIB took a stand to protect our families."

Many Mesquite residents have contended the proximity of homes to the company's fertilizer shipping operation poses a health risk, an allegation the company has said is unfounded. Some farmers have expressed

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support for the company's operations.

The Sierra Club, in a statement, applauded the board's decision, saying it would "protect the quality of life for families in Mesquite."

"After years of putting the health, safety and welfare of New Mexicans at risk, the EIB ruling ... will help ensure that Helena Chemical is a good corporate neighbor," said Michael B. Casaus, Sierra Club senior field organizing manager.

Monday, the state board voted 4-1 to uphold an earlier decision by the state Environment Department to reject Helena's request to operate without an air quality permit.

According to the Sierra Club, some 800 people submitted comments to the board, asking that the company be required to keep its permit.

In July, two Environmental Improvement Board members hosted a field hearing in Mesquite to take testimony in the case.

Diana M. Alba can be reached at (575) 541-5443

On the Web

New Mexico Environment Department: http://www.nmenv.state.nm.us