With all the big oil and gas news over the last few weeks, it might be hard to keep track of the different rules, agencies, court rulings and studies—and what they mean for New Mexico. Last week, U.S. District Judge James “Jeb” Boasberg ruled that the federal government’s environmental review of the Dakota Access Pipeline was insufficient. The ruling came after the Standing Rock and Cheyenne River tribes sued the federal government, arguing the U.S. Army Corps of Engineers hadn’t complied with the National Environmental Policy Act when it greenlighted plans to build the oil pipeline under Lake Oahe, a reservoir on the Missouri River. In his opinion, Boasberg wrote that the court agrees that the federal government didn’t adequately consider how an oil spill would affect fishing rights, hunting rights or environmental justice issues. It’s not clear, however, if the company must cease operations while the Corps of Engineers reconsiders certain sections of its environmental analysis.
U.S. Senate Majority Leader Mitch McConnell, a Republican from Kentucky, is expected to announce today whether he’ll try overturning a rule that would cut methane waste from the oil and gas industry. This is the last week that the Senate can overturn the methane rule under the Congressional Review Act (CRA). That law, passed in 1996, allows Congress to overturn federal regulations they disapprove of within 60 days of having received the rule. If the rule is “disapproved,” the agency isn’t allowed to issue a similar rule in the future without statutory authorization. Nor is the CRA subject to judicial review.
This week, a bill to terminate law enforcement jobs at the U.S. Forest Service and the Bureau of Land Management was referred to a subcommittee in the House Committee on Agriculture. Rep. Jason Chaffetz, R-Utah, introduced the bill. If passed, it would eliminate the Forest Service Law Enforcement and Investigations unit, which handles everything from public safety and criminal investigations to seizing illegal drugs grown in forests, curtailing smuggling and closing drug labs on public lands. The bill would also eliminate and the BLM’s Office of Law Enforcement, which employs more than 250 rangers and special agents. The bill would cease funding for federal law enforcement on federal lands later this year.
A newly released federal audit points to continued problems in how the federal government manages oil and gas leases and payments for some Navajo families, including in New Mexico. In the 19th century, the federal government deeded some lands within the boundaries of the Navajo Nation to individual families. Families can choose whether or not to allow oil and gas companies to drill on those lands, called “allotments,” which are not overseen by tribal government. Instead, the leases and permits for those wells are handled by the Federal Indian Minerals Office. Based in Farmington, FIMO also oversees royalty payments.
Last week, the U.S. Bureau of Land Management auctioned off the rights to drill for oil and gas on 843 acres in northwestern New Mexico. The sale of these particular leases, in the Chaco Canyon region, had been postponed due to opposition from environmental and indigenous groups. The leases are in Rio Arriba and Sandoval counties. According to a story in the Santa Fe New Mexican, the rights sold for $3 million and at least 15 companies bid during the online auction run by Energy Net, an online oil and gas marketplace. The BLM’s next auction for New Mexico oil and gas leases is planned for July.
It’s been a rough few days for people concerned about climate change and the environment. By the time Trump gave his inaugural address, mentions of climate change already disappeared from the White House website. As the New York Times reported, the purge was part of the routine “full digital turnover” of whitehouse.gov. But it did place into “sharp relief some of the starkest differences” between presidents Obama and Trump. On Friday, White House chief of staff Reince Priebus also issued a freeze on new or pending regulations—which included four U.S. Department of Energy efficiency standards. That same day, after a National Park Service employee retweeted two news reports—about the disappearance of the White House climate pages (among others, like those related to civil rights) and the administration’s smaller inaugural crowd—government Twitter accounts were temporarily shut down.
The big environment story last week was an announcement from the U.S. Environmental Protection Agency saying that it can’t pay claims of more than a billion dollars in economic damages caused by the 2015 Gold King Mine spill. As the AP reported on Friday: A total of 73 claims were filed, some by farmers who lost crops or had to haul water because rivers polluted by the spill were temporarily unusable for irrigation and livestock. Rafting companies and their employees sought lost income and wages because they couldn’t take visitors on river trips. Some homeowners sought damages because, they said, their wells were affected. Tribes, including the Navajo Nation, were also affected.
New Mexico has joined the fight over the federal government’s regulation of methane releases from oil and gas operations. This week, New Mexico Attorney General Hector Balderas and California Attorney General Kamala Harris filed a motion to intervene in the case the industry filed against the federal government. The Western Energy Alliance and Independent Petroleum Association of America want to overturn the U.S. Bureau of Land Management’s rule that regulates the release of methane, or natural gas, from oil and gas operations on federal and tribal lands. New Mexico and California support the rule. According to court documents the BLM’s rules will benefit the two states in three ways: generating more annual revenue by cutting natural gas waste, protecting public health from harmful air pollution and reducing the impacts of climate change.
The Dakota Access Pipeline may be 1,000 miles away from the southwest, but issues raised at Standing Rock—related to energy development and Indian lands and rights—resonate here in New Mexico. “In the case of Standing Rock, I think it sent a very strong message about what we can do, what being involved in a community can do, and the pressure it can put on an agency,” said Theresa Pasqual, an archaeologist and former director of Acoma Pueblo’s Historic Preservation Office who now works as a consultant. “I hope that here in New Mexico, especially for people that have been following the Standing Rock tribe’s movement to protect its water and to protect its cultural resources, that they will take an interest in what happens here, but also say, ‘What can I do? What can I do to be engaged locally?’” Doing so, she said, can change the “course of conversation” around many of the energy issues that affect New Mexico’s tribes. Related: The launch of our new environmental beat
Indeed, New Mexico’s tribes have struggled with issues not unlike those raised in Standing Rock for a long time.
NM Political Report senior reporter Joey Peters and reporter Andy Lyman sat down to talk about what we covered this week and what to expect next week. The two reporters talked a little about what a Trump presidency might mean for New Mexico, especially in terms of a new BLM rule and marijuana. They also recapped Peters’ coverage of the state’s Human Services Department leading up to the new special master announced Thursday and the fact that Gov. Susana Martinez is no longer chair of the Republican Governors Association.