Former EPA appointee, NMED secretary comes home to NM

By 11 a.m. Central Time on Jan. 20—Inauguration Day—Ron Curry had cleared out of his Dallas office at the U.S. Environmental Protection Agency. “You know when you walk in the door that if you serve the full term, you’re expected to walk out the door when the new president is inaugurated,” said Curry, who served […]

Former EPA appointee, NMED secretary comes home to NM

By 11 a.m. Central Time on Jan. 20—Inauguration Day—Ron Curry had cleared out of his Dallas office at the U.S. Environmental Protection Agency.

“You know when you walk in the door that if you serve the full term, you’re expected to walk out the door when the new president is inaugurated,” said Curry, who served as EPA’s Region 6 administrator for just over four years. “I’ve known all along that would be the case.”

Before his time with the EPA, Curry served as secretary of the New Mexico Environment Department (NMED) under Gov. Bill Richardson. A political appointee, Curry left his positions knowing, in both cases, the incoming administrations had a bone to pick with environmental regulators.

Related story: Trump appointments, policies will have long-term impacts on NM

For nearly four years, Curry and his wife, former New Mexico Democratic state Sen. Cynthia Nava, lived on the 19th floor of an apartment building in downtown Dallas. Curry walked to work most days and Nava, retired from her job as superintendent of Gadsden School District, spent a year taking classes at Le Cordon Bleu College of Culinary Arts.

Curry got to know Dallas Mayor Mike Rawlins while working on air quality issues. He also knew one of the five police officers killed during an ambush in downtown Dallas in July 2016 that made national news.

“We felt at home there,” said Curry, who is originally from Hobbs, New Mexico. “We would have never guessed that when we went down there.”

Now, the two have returned home to New Mexico. Curry joked that since Nava supported him during his tenure at the EPA, he’ll now work as her sous chef. Beyond that, he’s not saying what his plans are next.

Just weeks after he left EPA, NM Political Report sat down with Curry at his home—with his dog Banks sprawled out next to the dining room table—to talk about his work at EPA and NMED, the Gold King Mine spill and how regulatory agencies serve their communities.

EPA’s NM impact

The EPA is already a different place from when Curry was there, serving under President Barack Obama.

President Donald Trump chose Oklahoma Attorney General Scott Pruitt to lead the EPA. Pruitt previously sued the EPA, including over the Clean Power Plan, has close ties with the oil and gas industry and has questioned the link between climate change and human activities. Since Pruitt’s confirmation, the Trump administration has announced plans to eliminate 3,000 EPA jobs and cut the agency’s budget by $2 billion.

Both of New Mexico’s U.S. Senators voted against Pruitt’s confirmation.

At the EPA, Curry oversaw work in New Mexico, Texas, Oklahoma, Louisiana and Arkansas. And he does have some concerns for New Mexico in the coming years. In particular, he’s worried about environmental justice issues and EPA’s relationships with tribes.

In Region 6, he pointed out, there are 66 federally recognized tribes, about a third of which are in New Mexico.

Related story: New Mexico state officials mum on climate change plan

EPA helps tribes set their own pollution standards while providing funding and expertise.

The federal agency also provides funding to state agencies. Last year, New Mexico received more than $36 million from the EPA. About half—more than $18 million—went to NMED.

EPA has also been the driving force to clean up Superfund sites in the Grants Mining District.

“I had worked out there when I was [Environment Department] secretary, and I knew some of the people out there,” Curry said, acknowledging that the cleanup at places like the Homestake Mining Company site near Milan has been “excruciatingly slow.” That former uranium mill site, operated by two different private companies beginning in 1958, was decommissioned in the 1990s and has been contaminating groundwater below the site for decades.

“Our emphasis was on how the community was being impacted cumulatively in the long-term, and the job is not over—there’s still a heck of a lot to do out there,” he said. “I know the community is concerned that efforts will be stopped out there, and we certainly tried to put as much emphasis as we could while we were in a position to do so.”

Related story: EPA freeze worries conservationists, some elected officials

Curry mentioned the Chevron Questa Mine (formerly Molycorp) site as another important Superfund site. Open pit mining occurred at that molybdenum mine from 1965 until 1983, and cleanup is ongoing.

According to NMED’s website, New Mexico has 20 Superfund sites. There are also at least 15,000 abandoned mines, according to the New Mexico Energy, Minerals and Natural Resources Department. In cases where companies no longer exist or have declared bankruptcy, the federal government is typically responsible for cleanup.

And sometimes, things go wrong.

“The 800-pound gorilla in this discussion is Gold King Mine,” Curry said, adding quickly, “EPA took full responsibility for that.”

Gold King disaster

In August 2015, contractors working for the EPA were investigating water releases from Gold King Mine near Silverton, Colorado. While excavating around the mine, they caused a large  spill—and about three million gallons of contaminated water poured into Cement Creek, a tributary of the Animas River. The Animas River flows into New Mexico, and then joins the San Juan River near Farmington. The San Juan flows through the Navajo Nation and eventually joins the Colorado River.

Nearby landowners, boaters and anyone who saw the Animas River that August reacted in horror as its waters turned bright yellowish-orange, laden with lead, arsenic and cadmium.

Pollution in the Animas River after the Gold King Mine spill. Wikicommons.

Speaking today, Curry said that there was “bad communication” between EPA Region 8, based in Denver, and his office.

“I was not made aware of the spill until 24 hours later,” he said. “The state of New Mexico was made aware of it prior to the time we were.”

New Mexico officials, including then-NMED Secretary Ryan Flynn, were angry they hadn’t found out about the spill more quickly, and blowback against EPA was swift, from politicians on all sides.

Gov. Susana Martinez, Flynn, U.S. Rep. Ben Ray Lujan and U.S. Sens. Martin Heinrich and Tom Udall all blasted EPA. The Navajo Nation and the state of New Mexico sued the agency in federal court.

Over a year later, the state of New Mexico continues to dispute the federal agency’s data on the spill and its impacts. At a water management conference last summer, and elsewhere, NMED’s chief scientist called EPA’s data “misleading” and “hypocritical.”  And while NMED’s Dennis McQuillen acknowledged that Region 6, where Curry worked, was more supportive to the state than officials in Region 8 or Washington, D.C., he said that as an agency, EPA was not “providing a consistent, technically sound and unbiased response to the spill.”

Curry was a little surprised by “some of the fire that was being pointed at us,” he told NM Political Report.

“But one thing that was consistent is that whether it was Gov. Martinez or whether it was the congressional delegation, they all wanted answers, as soon as they could get them, and they all wanted to make sure the people were made whole again,” he said.

Democrats and Republicans alike were also angry when, in January, the agency announced it could not pay claims of more than $1 billion in economic damages caused by the spill.

“If you want to find a positive light in all of this, there was more attention brought to what’s going on in that river,” Curry said. In the aftermath of the Gold King Mine spill, as agencies collected water quality data, the EPA found that upstream of its confluence with the Animas, the San Juan River had higher levels of heavy metals than people had previously realized. “Hopefully, there will continue to be more investigations of that,” Curry said, adding that the spill also raised the profile of the General Mining Act of 1872.

Congress passed that law to promote settlement and development of western lands by Anglo-Americans. It allowed companies to mine on public lands without paying royalties and without promises to clean up mines once they’ve been abandoned.

But, Curry said, “Gold King is going to be a black eye for the agency going forward no matter how the court’s dealings end up.”

Richardson to Obama

When the EPA announced Curry as the Region 6 administrator in 2012, David Martin was NMED Secretary and Flynn was general counsel at the department.

“I think they were surprised,” said Curry. “There had been so much animus between Governor Martinez and Governor Richardson, especially focused in the Environment Department.”

During her 2010 campaign, Martinez promised she would overturn many of the rules and initiatives Curry had championed. But Curry said he reached out to Martin immediately and made it clear he wanted EPA and the state to work together.

Related story: Bill would allow regulators to fine oil and gas companies for spills

The first issue they worked on was one Curry was familiar with already: cutting pollution from the San Juan Generating Station, a coal-fired power plant about halfway between Shiprock and Farmington. Curry had worked on that while at NMED, and even prior to that for PNM, which owns the plant. In the end, the three parties—NMED, EPA and PNM—worked together and PNM agreed to shut down two of the four coal-fired units at the plant.

Ron Curry, with the EPA, and then-NMED Secretary Ryan Flynn in Santa Fe in 2013

“That was a success that both sides talked about for a long time and used as an example of how to do things,” Curry said. “It took a lot of effort on both sides. And we continued to build on that relationship, based on the fact that we had proved we could do something at the San Juan Generating Station.”

Despite Gold King Mine, Curry said that he maintained a strong relationships with NMED’s current secretary, Butch Tongate.

NM Political Report reached out to NMED’s communications director, soliciting comment from Tongate, who also worked with Curry at NMED. We did not receive a response before publication.

Looking back to NMED

While at NMED from 2003-2010, Curry said the agency was targeted for being “heavy handed.” But, he said, “I happened to be fortunate enough to work for a governor who was really supportive of what we did and really believed in protecting and preserving the environment.”

He joked that while he was at NMED, business entities never came for a friendly chat.

“They didn’t come see me because I was their best buddy, they would come see me because they had an issue, or they would come see me because they were out of compliance or they disagreed with an upcoming rule or something like that,” he said. “And I heard when I was with the state of New Mexico, that ‘X regulation was going to kill thousands of jobs.’ And I’d say, ‘Okay, tell me how.’”

According to Curry, he saw evidence of an environmental regulation harming jobs in the state only once. It included a twist, however, on the traditional narrative that regulations kill jobs.

As Curry recounts, up until the early 1990s, most of the state’s gas stations were owned by large companies.

“They saw some environmental regulations coming down the pike and started saying to mom and pop: ‘We’ll sell you this gas station at 10 cents on the dollar,” he said. “And mom and pop would say, ‘Yeah, that’s a good idea.’”

Then, when the underground storage tank regulations came along—meant to protect groundwater from leaky tanks—he said, many of those independent owners ended up going out of business.

Curry recalls two politicians from eastern New Mexico complaining to him that environmental regulators had run rural service stations out of business.

“He had a point there, they didn’t have any gas stations left,” Curry said. “The oil companies had divested themselves by selling them to mom and pop—and mom and pop, sitting out in Melrose, New Mexico, or wherever else, they couldn’t afford $15,000 or $20,000 to get into compliance and build all sorts of protections around their oil tanks that may or may not be leaking.”

There was, he noted, a fund to help pay for compliance.

Regardless, agencies like EPA have become easy targets for critics over the years, in part because of poor messaging, he said.

“If you stop and think about what we do, the agency in effect is a public health agency,” he said. “Because the actions that you take eventually have a direct impact on public health, whether it’s the Clean Power Plan or making sure my septic tank here in Corrales is inspected and installed correctly.”

Until there’s a problem, people often don’t realize the importance of those agencies.

“And nobody else is there to help them,” he said. “Environment agencies are important to make sure that the communities have a place to go.”

We're ad free

That means that we rely on support from readers like you. Help us keep reporting on the most important New Mexico Stories by donating today.

Related

Emily’s List endorses seven candidates for Legislature

Emily’s List endorses seven candidates for Legislature

Emily’s List, a nonprofit that supports women candidates and reproductive rights, endorsed seven incumbents facing general election opponents in New Mexico legislative elections. All…
Equality New Mexico endorses 15 legislative candidates

Equality New Mexico endorses 15 legislative candidates

A New Mexico-based LGBTQ rights organization endorsed 15 candidates for state House and Senate seats for the 2024 elections.  Marshall Martinez, executive director of…
Lujan Grisham pocket vetoes two bills

Lujan Grisham pocket vetoes two bills

Gov. Michelle Lujan Grisham pocket vetoed two bills the legislature passed this legislative session: one changing the Cybersecurity Act and the other concerning law…
BLM announces final methane waste rule

BLM announces final methane waste rule

The federal Bureau of Land Management announced its final methane waste rule on Wednesday. These new regulations clamp down on the practice of venting…
What consumers, farmers should know about the flu impacting dairy cows

What consumers, farmers should know about the flu impacting dairy cows

Migrating birds appear to have caused a virus in dairy cattle that is causing reduced milk production. So far, the disease, which initially started…
Republicans seek to limit national monument designations

Republicans seek to limit national monument designations

Republican-backed legislation in the U.S. Congress would make it harder for the government to designate new national monuments. The proposed Congressional Oversight of the…
Amid new graduation requirements, what do high schoolers want to learn?

Amid new graduation requirements, what do high schoolers want to learn?

By Margaret O’Hara, The Santa Fe New Mexican The main things that bring Brayan Chavez to school every day: Seeing, talking to and engaging with…
Special ed teachers hope lawmakers OK pay raises, admin changes

Special ed teachers hope lawmakers OK pay raises, admin changes

By Margaret O’Hara, The Santa Fe New Mexican Brittany Behenna Griffith has a laundry list of adjectives to describe the ideal special education teacher:…
Lawmakers must find consensus on competing education spending plans

Lawmakers must find consensus on competing education spending plans

By Margaret O’Hara, The Santa Fe New Mexican A challenging task awaits New Mexico lawmakers in the next 30 days: Reconciling three very different…
Health workers fear it’s profits before protection as CDC revisits airborne transmission

Health workers fear it’s profits before protection as CDC revisits airborne transmission

Amy Maxmen, KFF Health News Four years after hospitals in New York City overflowed with covid-19 patients, emergency physician Sonya Stokes remains shaken by…
Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Gov. Michelle Lujan Grisham announced Friday $10 million in funding from the federal American Rescue Plan Act was awarded to six tribal nations and…
Proposal to curb executive powers moves to House Judiciary

Proposal to curb executive powers moves to House Judiciary

The House Government, Elections and Indian Affairs Committee discussed a potential constitutional amendment that seeks to limit the governor’s executive powers. The committee approved…
Senators introduce legislation to aid abortion providers

Senators introduce legislation to aid abortion providers

Sen. Martin Heinrih and other Senate colleagues introduced abortion rights legislation into the U.S. Senate on Thursday. The Abortion Care Capacity Enhancement and Support…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…
At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

Lawyers from the conservative Christian group that won the case to overturn Roe v. Wade are returning to the U.S. Supreme Court on Tuesday in pursuit…
Senators introduce legislation to aid abortion providers

Senators introduce legislation to aid abortion providers

Sen. Martin Heinrih and other Senate colleagues introduced abortion rights legislation into the U.S. Senate on Thursday. The Abortion Care Capacity Enhancement and Support…
New Mexico Medicaid to cover cost of over-the-counter oral contraception

New Mexico Medicaid to cover cost of over-the-counter oral contraception

New Mexico Medicaid announced on Wednesday that it will cover the cost of Opill, the first oral contraception approved for over-the-counter use. It is…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…
San Juan County, Navajo Nation settle redistricting case

San Juan County, Navajo Nation settle redistricting case

The Navajo Nation and San Juan County reached an agreement Monday about commission districts after the tribe alleged that its members were not adequately…
MIT ranks NM elections most well-run in the U.S.

MIT ranks NM elections most well-run in the U.S.

New Mexico’s 2022 election was ranked most well-run in the country by Massachusetts Institute of Technology’s Election Data and Science Lab’s Elections Performance Index.…
Emily’s List endorses seven candidates for Legislature

Emily’s List endorses seven candidates for Legislature

Emily’s List, a nonprofit that supports women candidates and reproductive rights, endorsed seven incumbents facing general election opponents in New Mexico legislative elections. All…
Ex-GOP candidate allegedly hired people to kill witnesses in shootings of homes of Democratix politicians

Ex-GOP candidate allegedly hired people to kill witnesses in shootings of homes of Democratix politicians

Republican failed state house candidate Solomon Peña is facing more federal charges, this time on a murder-for-hire scheme.  Peña allegedly tried to hire two…
BLM announces final methane waste rule

BLM announces final methane waste rule

The federal Bureau of Land Management announced its final methane waste rule on Wednesday. These new regulations clamp down on the practice of venting…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…

GET INVOLVED

© 2023 New Mexico Political Report