This week, the U.S. Environmental Protection Agency announced that along with the U.S. Army Corps of Engineers, finalized the “Waters of the United States” applicability date. Last March, President Donald Trump directed the agencies to review the “Clean Water Rule” also known as the Waters of the U.S. Rule, which was finalized in 2015 as a way to clarify confusion over parts of the Clean Water Act. The rule applies to navigable waterways and their tributaries. Under the rule, a tributary doesn’t need to be a continuously flowing body of water. But it must have flowing water—marked by a bed, bank and high water mark—to warrant protection.
The Denver Post reported Friday that Environmental Protection Agency chief Scott Pruitt says he will re-evaluate the damage claims the agency had previously rejected from the Gold King Mine spill in August 2015. The New Mexico Office of the Attorney General, which was among those that had sought damages, has not heard from the agency, however. “We have confirmed that the EPA is not asking for resubmittals from those entities who have sued,” spokesman James Hallinan wrote in an email. “Thus, we did not receive the letter.” While conducting exploratory cleanup work of an abandoned mine in southwestern Colorado, federal contractors caused 3 million gallons of wastewater to spill from the Gold King Mine into the Animas River.
ALBUQUERQUE, N.M. – The Environmental Protection Agency got some push-back from folks in New Mexico and other states at a hearing in the nation’s capital on Monday. The agency wants to delay a new methane-emission rule for the oil and gas industry on federal land – although methane leaked at well sites is linked to climate change and considered a risk to public health. New Mexico and California have already sued the EPA to keep the rule in place. Alexandra Merlino with the New Mexico chapter of the group Moms Clean Air Force spoke at the EPA hearing. She says energy producers need to be held accountable to update their equipment and stop methane leaks.
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.
BLANCO, N.M. – Most evenings, the quiet is almost intoxicating. The whoosh of the wind through the junipers, the whinny of horses in their stalls, the raspy squawking of ravens – those are the sounds Don and Jane Schreiber have grown to love on their remote Devil’s Spring Ranch. The views are mesmerizing, too. Long, lonesome ridges of khaki-colored rocks, dome-like outcrops and distant mesas rise from a sea of sage and rabbitbrush. The ranch and surrounding countryside are a surprising setting for an enduring climate change problem: a huge cloud of methane – a potent, heat-trapping gas – that is 10 times larger than the city of Chicago.
Last Friday, the U.S. Department of the Interior announced its official list of national monuments under review, after President Donald Trump signed an executive order last month directing Interior Secretary Ryan Zinke to review the designations previous presidents had made under the Antiquities Act of 1906. Two New Mexico monuments are on that list: near Taos and Organ Mountains-Desert Peaks in the southern part of the state. Related story: Trump review of national monuments includes two in NM
The Interior Department is soliciting public comment on the review, which was spurred by Utah Sen. Orrin Hatch’s opposition to national monuments, including President Barack Obama’s 2016 designation of Bears Ears and President Bill Clinton’s 1996 designation of Grand Staircase Escalante National Monument. To submit comments on the review requires more than a Facebook click. You’re going to have to navigate a bit, but here are the details on how to do it: Comments may be submitted online after May 12 at http://www.regulations.gov by entering “DOI-2017-0002” in the Search bar and clicking “Search,” or by mail to Monument Review, MS-1530, U.S. Department of the Interior, 1849 C Street NW, Washington, DC 20240.
New Mexico is among the worst states when it comes to identifying all the children who have been poisoned by lead. That’s according to a study published last week in Pediatrics, the peer-reviewed journal of the American Academy of Pediatrics. Nationwide, only 64 percent of lead-poisoned children under the age of five are identified by testing. In New Mexico, that number is much lower—just five percent. Lead paint and lead additive in gasoline were banned decades ago.
If you haven’t gone out to look at the Rio Grande, no matter where along its banks you live, now’s the time. The snowmelt is pouring down the channel, causing the river to overbank in lots of places throughout the Middle Rio Grande Valley. In southern New Mexico, the normally dry channel is also running as water managers are moving water from reservoirs to southern New Mexico fields and orchards and to Texas. Speaking of snowmelt, March was an exceptionally warm month in New Mexico. According to the National Weather Service, 143 record-high temperatures were broken across 34 weather stations on 15 days.
I’ve been reporting on environment issues for almost 15 years, and during most of that time, it hasn’t exactly been a breaking news beat. There are disasters like wildfires or the Gold King Mine spill. But for the most part, covering issues like drought, climate change and energy policy doesn’t usually involve a race to deadline. It seems like that’s been changing lately, however. Part of that change is due to the Trump administration.
As we reported on Friday, Gov. Susana Martinez vetoed the Next Generation Science Standards Act. In her message, she wrote that “the Public Education Department has already been working diligently to route the standards through the appropriate vetting process.” The governor also argued the standards don’t belong in statute because it would “make it more difficult to update science standards in response to scientific advancement in the future.”
As Matt Grubs wrote in the Santa Fe Reporter, that bill would have required the state to adopt updated, nationally-vetted benchmarks for teaching science in public schools. As Grubs wrote last week: Supporters, like bill sponsor Rep. Andrés Romero, D-Albuquerque, agree that it’s better to let the PED change standards administratively. But no one from the state’s education agency has explained the delay in putting the NGSS into place. In 18 other states and Washington, DC, the most controversial issues surrounding Next Gen adoption have been human-caused climate change and the theory of evolution.