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.

Dem Guv candidates raise big money as primary nears

Two of the three candidates seeking the Democratic nomination for governor have over $1.5 million cash on hand for the final stretch before the primary election on June 5. Early voting has already started. State Sen. Joseph Cervantes has now loaned his own campaign over $2 million and raised only about $15,000 from others. He now has $1.65 million cash on hand. U.S. Rep. Michelle Lujan Grisham raised over $410,000 and spent nearly $640,000 between April 3 and May 7.

Balderas, other AGs sue to stop citizenship census question

Attorney General Hector Balderas says a controversial new question about citizenship on the U.S. Census questionnaire is illegal. Balderas joined a coalition of state attorneys general who filed a lawsuit to stop it. The attorneys general, led by New York AG Eric Schneiderman, along with the U.S. Conference of Mayors sued in federal court  today, saying the question would result in an illegal undercount of the population. The fear is that the question would cause an undercounting of those that fear the federal government would use the information to arrest or even deport non-citizens. The coalition argues the U.S. Constitution calls a count to determine “the whole number of persons in each state”—and has nothing to do with a person’s  legal status.

Questions remain on federal anti-sex trafficking legislation as Senate vote nears

Correction: In referencing a Ms. article from 2011, this story originally said that Chris Garcia was one of the operators of an allegedly illegal website, Southwest Companions. Garcia was charged by police of being an operator of the site, which they alleged was a house of prostitution, but a state district court judge threw out all the charges. The reference has been removed. It’s rare lately for Democrats and Republicans in Congress to find consensus, though some phrases like “infrastructure” and “small businesses” still inspire legislators to declare their willingness to work together. “Sex trafficking” is another one of those.

Lawsuit: AG violated open records law

An Alamogordo resident filed an open records lawsuit against the New Mexico Office of the Attorney General Friday, alleging the office illegally redacted portions of legal invoices related to a U.S. Supreme Court case. Open records activist Wendy Irby filed the suit after she received significantly-redacted billing records for a contract between the Attorney General’s office and an Albuquerque law firm well-known in the state legal world for government contracts. According to court records, Irby asked the AG’s office for billing information from Robles, Rael and Anaya P.C. related to Texas v. New Mexico and Colorado, a case about the states’ water use and sharing. The private law firm argued the case on behalf of the AG’s office. Irby’s lawsuit says Attorney General Hector Balderas and his records custodian violated the New Mexico Inspection of Public Records Act (IPRA) by blacking out billing specifics from Robles Rael & Anaya.

Griego sentenced to 18 months in prison, $47K in fines

Former State Sen. Phil Griego will serve 18 months in prison. A judge handed down the punishment Friday, four months after a jury found the San Juan Democrat guilty on five of eight charges in a corruption trial. Griego will also have to pay $47,000 in fines. According to the Santa Fe New Mexican, Griego did not accept responsibility for his crimes. “I genuinely believe I am not a criminal,” the former state senator told District Court Judge Brett Loveless.

Federal judge slaps NM attorney in bail reform lawsuit

A federal judge has taken the unusual step of ordering a politically ambitious New Mexico attorney to pay back the state for filing a “frivolous” lawsuit aimed at undoing efforts to reform the state’s commercial bail system. The attorney, Blair Dunn, a Libertarian who earlier this week announced a run for state attorney general, must pay “reasonable costs and attorneys fees” to the office he seeks to occupy by year’s end, under the ruling by Chief U.S. District Judge Robert A. Junell. This story originally appeared at New Mexico In Depth. Junell, a George W. Bush appointee from the Western District of Texas, presided over the suit because the Attorney General’s Office represented the judges Dunn was suing, from the New Mexico Supreme Court, the Second Judicial District Court and the Bernalillo County Metropolitan Court. Dunn sued last year on behalf of a group of state lawmakers, the Bail Bond Association of New Mexico and a woman who was released from jail last year.

AG finds no law broken over fetal tissue donations

A state investigation prompted by a congressional panel and anti-abortion activists found no criminal wrongdoing by Southwestern Women’s Options (SWWO) or the University of New Mexico Health Sciences Center over fetal tissue donations. New Mexico Attorney General Hector Balderas sent letters to the members of the House Select Panel on Infant Lives, including chairwoman Marsha Blackburn, R-Tennessee. Blackburn complained to Balderas last June that SWWO appeared to have violated two state laws: The Jonathan Spradling Revised Uniform Anatomical Gift Act, or Spradling Act, and the Maternal, Fetal and Infant Experimentation Act (MFIEA). After its months-long investigation, the Attorney General’s office said donations from SWWO to UNM did not violate either law. “We are pleased that the New Mexico Attorney General confirmed that the University of New Mexico did not violate any state laws,” UNM Health Sciences Center spokeswoman Alex Sanchez told NM Political Report in a statement.

NM AG joins California on support for methane-waste rule

New Mexico Attorney General Hector Balderas has again joined forces with California Attorney General Xavier Becerra, this time in a lawsuit against the Trump administration over its suspension of a rule to reduce methane emissions from the oil and gas industry. Earlier this month, U.S. Department of the Interior Secretary Ryan Zinke delayed implementation of the Obama-era requirement until January 2019. The U.S. Bureau of Land Management rule would have cut methane released from wells and infrastructure on federal and tribal lands by limiting routine flaring and requiring that operators modernize leak-detection technology and fix the leaks they found. It also prevented operators from venting methane directly into the atmosphere in most circumstances. New Mexico and California had supported the original rule, saying it would benefit states in three key ways: generating more annual revenue by cutting natural gas waste, protecting public health from harmful air pollution and reducing the impacts of climate change.

DOJ refers criminal accusations by Pearce on fetal tissue donations to FBI

Anti-abortion activists praised the U.S. Department of Justice for sending several criminal referrals to the FBI with allegations that the University of New Mexico Hospital and Southwest Women’s Options conducted illegal activities related to fetal tissue donations. In a letter last week, Assistant U.S. Attorney General Stephen Boyd addressed concerns U.S. Rep. Steve Pearce raised in September. Pearce is New Mexico’s lone Republican member of the delegation. “This is a serious matter, and the Department takes these referrals seriously,” Boyd wrote to the congressman. “The Department has brought each of these referrals to the attention of the Federal Bureau of Investigation (FBI) for review and any appropriate follow-up action.”

The issue goes back to a 2015 video that allegedly showed that Planned Parenthood profited from the sale of fetal tissue.