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.
Cloudy, brown and rank water flowed from the taps of homes in the northwest corner of New Mexico. Some of those who drank it say they became nauseous. They complained of cramps, headaches and diarrhea. Thousands of people were told to boil their water to guard against illness. Farmington-area residents whose homes are hooked up to the Animas Valley Water system said the water also damaged their water heaters, washing machines and clothes.