Prosecutors oppose parole changes

New Mexico Attorney General Hector Balderas and all fourteen of the state’s district attorneys are asking Gov. Michelle Lujan Grisham to veto a bill that would change laws governing probation and parole for criminal offenders. The prosecutors said in a letter Friday to the governor that the measure approved by the Legislature would jeopardize public safety. Supporters of the bill said that isn’t accurate. The letter is, at best, disingenuous, said House Judiciary Chairwoman Gail Chasey, D-Albuquerque, one of the bill’s four sponsors. “We are looking at a new day here and a lot of what is claimed in that letter, the exact opposite is true,” Chasey said Friday.

‘Intolerant’ of groundwater contamination, NM sues Air Force over PFAS pollution

In a lawsuit against the U.S. Air Force, New Mexico alleges the military isn’t doing enough to contain or clean up dangerous chemicals that have seeped into the groundwater below two Air Force bases in the state. On Tuesday, New Mexico Attorney General Hector Balderas and the New Mexico Environment Department (NMED) filed a complaint in federal district court, asking a judge to compel the Air Force to act on, and fund, cleanup at the two bases near Clovis and Alamogordo. “We have significant amounts of PFAS in the groundwater, under both Cannon and Holloman Air Force bases,” NMED Secretary James Kenney told NM Political Report. PFAS, or per and polyfluoroalkyl substances, are toxic, human-manufactured chemicals that move through groundwater and biological systems. Even in small amounts, exposure to PFAS increases the risk of testicular, kidney and thyroid cancer and problems like ulcerative colitis and pregnancy-induced hypertension. NMED Secretary James Kenney

“We want the groundwater cleaned up in the shortest amount of time possible, and we think at this point litigation is our best and fastest approach,” Kenney said.

Quay County gun-rights ‘sanctuary’ status catches like fire

TUCUMCARI — Back when this Eastern New Mexico town was founded as a tent city in 1901, it was unofficially known as “Ragtown.” Another nickname — “Six Shooter Siding” — later emerged, reportedly because of the large number of gunfights that took place there. “Six Shooter Siding” would be used by a saloon on Old Route 66. Today, like many old commercial establishments in Tucumcari, Six Shooter Siding is boarded up. And it’s been at least a century or so since the town was renowned for gun violence.

NM to sue Trump administration over emergency declaration, calling president ‘desperate’

The state of New Mexico will join a lawsuit against the Trump administration over the president’s  declaration of a national emergency to pay for a wall along the U.S.-Mexico border. California announced last week that it would sue the federal government. And California Attorney General Xavier Becerra said on the ABC Sunday morning talk show “This Week With George Stephanopoulos” that New Mexico and five other states would join California in the lawsuit against the Trump administration. Update: In all, 16 states, including New Mexico, filed suit. Gov. Michelle Lujan Grisham’s office did not  say exactly which states were involved, but confirmed the lawsuit would be filed.

Dems dominate statewide races

Democrats swept statewide races on Election Day, and will control not just the governor’s office and all of the executive agencies, but also independent state agencies that oversee everything from state funds to state lands. Democratic incumbent Tim Eichenberg easily won the race for State Treasurer over Republican Arthur Castillo and Democrat Brian Colón defeated Republican Wayne Johnson for State Auditor. In the three-way race for Attorney General, Democratic incumbent Hector Balderas beat Republican Michael Hendricks and Libertarian Blair Dunn. And another Democratic incumbent, Maggie Toulouse Oliver defeated Republican Gavin Clarkson and Libertarian Ginger Grider to hold on to the Secretary of State seat. The closest statewide race on Election Day was for State Land Commissioner.

As NM’s water situation worsens, SCOTUS battle over the Rio Grande intensifies

Last winter, snows didn’t come to the mountains, and the headwaters of the Rio Grande suffered from drought. In April, the river—New Mexico’s largest—was already drying south of Socorro. And over the summer, reservoir levels plummeted. Meanwhile, the U.S. Supreme Court battle between Texas, New Mexico and the U.S. government over the waters of the Rio Grande marches onward. At a meeting at the end of August, the special master assigned to the case by the Supreme Court set some new deadlines: The discovery period will close in the summer of 2020 and the case will go to trial no later than that fall.

The first campaign finance reports of general election are in for governor, other races

Campaign finance reports filed Monday showed positives for both gubernatorial candidates, with the Republican showing a lead with money left, but the Democrat raised, and spent, more money. Republican nominee Steve Pearce finished the campaign finance period—which lasted from July 1 to Sept. 3—with nearly $1.9 million cash-on-hand for the final two months of the race. This was well ahead of the $1.2 million cash-on-hand for his opponent, Democrat Michelle Lujan Grisham. Lujan Grisham, however, raised $1.9 million in the period and spent almost $1.5 million.

Former Tax and Revenue Secretary charged with embezzlement

The New Mexico Attorney General filed embezzlement and other charges against a former Tax and Revenue Department (TRD) secretary Thursday. She had previously resigned amid questions about possible preferential treatment of a former client. A spokesman for Attorney General Hector Balderas confirmed that special agents with the AG’s office filed nine criminal charges against former Tax and Revenue Department Secretary Demesia Padilla. This is a developing story and may be updated with more information. Update: Added information from the criminal complaint

At the time of publication, the criminal complaint against Padilla was not yet available through online court records.

Federal royalty committee meeting comes to Abq, while top state officials head to D.C. for oil and gas hearings

Elected officials will weigh in this week on key energy issues, both in Albuquerque and Washington D.C. What happens in those hearings and committee meetings might not grab headlines, but they affect landscapes, communities and the lives of all New Mexicans, whether they live close to oil and gas wells and coal mines, or hundreds of miles away. When private companies drill or mine on federal lands, they pay a percentage in royalties. Right now, that’s 12.5 percent for onshore coal, oil and gas, though an Obama-era rule—overturned last year—updated valuation rates to increase royalty collections. About half the money collected goes to the federal government and half to the state where the mining or drilling occurred. New Mexico currently receives more royalties from extraction on federal lands than any other state.

NM fires back in Rio Grande water battle

New Mexico filed its responses to Texas and the federal government on a U.S. Supreme Court lawsuit over the waters of the Rio Grande. On Tuesday night, New Mexico Attorney General and its contract attorneys filed the state’s counterclaims on Texas v. New Mexico & Colorado. We’ve posted those three pleadings below. A press release announcing the counterclaims included a quote from Balderas:
Our legal strategy will hold Texas and the federal government accountable for the significant amount of precious water being misappropriated that rightfully belongs to New Mexico’s working families and small businesses, and for the federal government not using proper accounting and failing to ensure reasonable water delivery improvements. Using the best science, technology and evidence-based strategy, we will protect our traditionally underserved and culturally diverse population, and protect against those interests that threaten our citizens and businesses.