Emails show prosecutors misled public about plea deal with former Martinez cabinet secretary

Assistant District Attorney Joshua Boone wanted to reassure his boss. A political blogger was raising questions in early February about why the DA’s office had agreed to plead Ryan Flynn’s aggravated DWI charge, leveled after a May 20, 2017 traffic stop, down to careless driving. Flynn, one of the state’s most influential powerbrokers, was Gov. Susana Martinez’ former Environment Department secretary, and now heads up the New Mexico Oil and Gas Association. This story originally appeared in the Santa Fe Reporter and New Mexico In Depth and is reprinted with permission. In a Feb.

NM Supreme Court upholds state copper rule

A state rule to protect groundwater from copper mine pollution will stand. The New Mexico Supreme Court affirmed the rule Thursday and rejected arguments from environmental groups and the New Mexico Office of the Attorney General that the rule violated the state’s Water Quality Act. In the court’s unanimous opinion, justices sided with the New Mexico Environment Department and the mining industry to uphold the 2013 copper rule. #mc_embed_signup{background:#fff; clear:left; font:14px Helvetica,Arial,sans-serif; width:100%;}
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How one influential NM powerbroker might have escaped a drunken driving charge

Just after midnight on May 20, Albuquerque Police Officer Joshua Montaño saw a luxury sedan veer into a turn bay blocked off by bright orange traffic barrels before it pulled back over a solid divider line onto an Interstate 25 frontage road. Montaño flipped on his emergency police lights and the 2004 Infiniti stopped in the parking lot of the Marriott Pyramid, a high-end hotel in Northeast Albuquerque. A veteran DWI cop who has conducted hundreds of drunken driving investigations, Montaño approached the vehicle on foot. He was armed with a slew of additional information gleaned from a police service aide and a concerned citizen: The Infiniti’s driver had swerved numerous times traveling northbound from downtown Albuquerque, he’d delayed proceeding through a green light by 10 seconds, he’d driven 10 mph under the posted speed limit, and he’d done it all with his headlights turned off. In the driver’s seat of the car was Ryan Flynn, 39, Gov. Susana Martinez’ former cabinet secretary of the New Mexico Environment Department, who left that job in 2016 to become executive director of the New Mexico Oil and Gas Association.

EPA’s waters and jobs, plus climate change and Cape Town’s dwindling water supplies

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.

Zinke’s high-price flights, oil and gas news and upcoming public meetings

US. Department of the Interior Secretary Ryan Zinke is under investigation for his travel arrangements—again. Earlier this week, the department’s Office of the Inspector General opened an investigation into privately chartered flights the secretary took, costing taxpayers tens of thousands of dollars. This isn’t the first time Zinke has exercised (alleged) ethical lapses when it comes to air travel. #mc_embed_signup{background:#fff; clear:left; font:14px Helvetica,Arial,sans-serif; width:100%;}
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Up in smoke: Opportunities on climate, renewables shunned during Martinez administration

Last June, Gov. Susana Martinez joined incident commanders and U.S. Forest Service officials to update local residents on yet another forest fire. She had already declared a state of emergency and called in the state National Guard for the Dog Head Fire in the Manzano Mountains near Albuquerque. Since taking office five years earlier, Martinez had presided over similar meetings across New Mexico while various fires and millions of acres of forest burned. With global warming, the number and size of fires has increased and fire season has lengthened by about two months in the western United States. Even a 2005 report prepared by the state warned that New Mexico’s forests were vulnerable to “catastrophic” wildfires and massive diebacks.

Zinke issues order to boost drilling on federal lands, including in NM’s Permian Basin

U.S. Department of the Interior Secretary Ryan Zinke issued an order Thursday, aimed at boosting oil and gas leasing on federal lands. During a call with reporters, Zinke said the agency was specifically targeting for development places like the Permian Basin in New Mexico, Utah’s Uintah Basin and the National Petroleum Reserve in Alaska. Out of the 700 million acres administered by the U.S. Bureau of Land Management (BLM), he said only about 27 million are currently under lease. He also called out the agency for the length of time it takes to approve permits for oil and gas projects. The BLM’s permitting process, he said, takes 257 days.

As court knocks down methane rule stay, industry and regulators eye the Permian Basin

A federal court has thwarted plans by the head of the U.S. Environmental Protection Agency (EPA) to suspend an Obama-era rule tracking and cutting methane pollution from the oil and gas industry. Last month, EPA Administrator Scott Pruitt suspended his agency’s implementation of the rule, which was opposed by the American Petroleum Institute, the Texas Oil and Gas Association and the Independent Petroleum Association of America. But on Monday, the U.S. Court of Appeals for the District of Columbia sided with six environmental groups and granted an emergency stay of Pruitt’s suspension. In their opinion, the appeals court judges wrote that Pruitt’s suspension of the rule was both “unauthorized” and “unreasonable.” They overturned it, calling it arbitrary, capricious and in excess of the agency’s statutory authority. Jon Goldstein, director of regulatory and legislative affairs for the Environmental Defense Fund, said the court decision could have a big effect on New Mexico, particularly in the southeastern part of the state.

Gov. Martinez’s appointees in line to be confirmed may overwhelm process

After a year of high-profile changes in Gov. Susana Martinez’s Cabinet, top officials from several of the most important departments in state government now await Senate confirmation hearings. But the secretaries of environment, finance and health are just of a few of the governor’s nearly 100 appointees on the agenda. With the long list, it is unclear how many appointees will even get a vote before the Senate adjourns March 18. New Mexico’s financial crisis will make confirmation hearings more difficult than usual. Staff members say the Senate Rules Committee only has enough money to conduct background checks on about half the appointees.

Albuquerque: Two degrees high, and rising

The numbers from around the globe are in, and it’s official: 2016 was the hottest year on record, again. According to independent analysis from NASA and the National Oceanic and Atmospheric Administration (NOAA), 2016 was the third year in a row to break temperature records. The New York Times collected AccuWeather data for more than 5,000 cities, including Albuquerque, to illustrate temperature and precipitation changes. Albuquerque’s average temperature last year was 2 degrees Fahrenheit above normal, while precipitation fell 2.8 inches short of normal. Globally, the average temperature has risen by 1.7 degrees Fahrenheit since the 1880s.