The U.S. Supreme Court appears likely to overturn Roe v. Wade or “effectively” overturn it, legal experts said on Wednesday after the court heard oral arguments on Mississippi’s 15-week abortion ban. The much-anticipated court case, Dobbs v. Jackson Women’s Health Organization, went before the court Wednesday for a two-hour oral argument. The state of Mississippi banned abortion at 15 weeks in 2019 and asked the court specifically to overturn the 1973 landmark decision. Ellie Rushforth, an attorney with the American Civil Liberties Union of New Mexico, said that, after listening to the court Wednesday morning, it seemed clear that the justices, “regardless of the arguments presented by the attorneys today are pretty well settled in their minds on this issue.”
Six of the nine justices are conservative and several have spoken explicitly or made previous rulings indicating that they oppose abortion. “It was pretty clear by the questions the justices asked and the way they were talking to one another that we don’t have the size necessary to uphold Roe as it stands today,” Rushforth said.
As the U.S. Department of the Interior begins the process of placing a 20-year moratorium on new oil and gas leasing on federal lands near Chaco Canyon, some nearby Indian allottees say that such an action would limit their ability to make a living off of their land. Meanwhile, proponents of the moratorium say it is needed to protect the sacred sites, lands and waters. Interior Secretary Deb Haaland drove by signs protesting the moratorium as she headed to Chaco Culture National Historical Park to celebrate President Joe Biden’s announcement of the moratorium impacting federal lands within a ten mile buffer of the park. While at the park, Haaland met with Indigenous and state leaders before addressing the crowd that had gathered for, what she described as, a celebration that was decades in the making. Haaland said Chaco Canyon is a living landscape.
President Joe Biden’s administration took steps today to begin the process of banning new oil and gas leases within a 10 mile buffer zone of Chaco Culture National Historical Park for 20 years. Monday, the president announced a series of initiatives focused on Indigenous communities, including the Chaco Canyon buffer zone. This came during the Tribal Nations Summit. The president instructed the U.S. Department of the Interior to initiate the process for withdrawing the area around the park from new oil and gas leasing for two decades. Over the last decade, Native American groups in both Arizona and New Mexico have been lobbying for protections of the sacred Chaco region from oil and gas development, leading to several congressional actions that temporarily deferred leasing.
The Texas law, SB 8, that bans abortion after six weeks in that state, is called “the Texas Heartbeat Act.”
But there is no heart within the pregnant person’s womb at six weeks after conception, according to health experts. At roughly six weeks, a current of electrical activity begins in a cellular cluster. Abortion rights proponents argue that that is just one way that anti-abortion rhetoric supplies misinformation and disinformation. Anti-abortion groups also coopt the language of social justice movements, including the reproductive rights movement, reproductive rights advocates have said. Adriann Barboa, policy director for the nonprofit organization Forward Together, said some who oppose coronavirus vaccinations and mask mandates use phrases such as, “my body, my choice,” when arguing against getting vaccinated or wearing masks to protect against COVID-19.
Vicki Cowart, president and chief executive officer for Planned Parenthood of the Rocky Mountains, was once thrown out of a business club in Caspar, Wyoming, for being a woman. It was a different time then, one in which job interviewers didn’t hesitate to ask women if they planned to have children and, if so, would they keep working, she said. Now such questions would be considered discriminatory and, potentially, actionable but Cowart, who has been leading PPRM since 2003, said facing repeated discrimination as a young professional, reading feminist literature and participating as an activist in her off time is why the last half of her career has been devoted to ensuring pregnant people have access to abortion in New Mexico, Colorado and Nevada. Cowart announced earlier this fall her plans to retire. She said she intends to continue until the board has found a replacement.
The four Democrats in New Mexico’s congressional delegation are pushing to have 4,200 acres of Bureau of Land Management land removed from mineral development, in particular gravel mining, in Sandoval County near Placitas. U.S. Rep. Melanie Stansbury introduced the Buffalo Tract Protection Act in the U.S. House of Representatives on Monday. The bill is co-sponsored by U.S. Rep. Teresa Leger Fernández and is also supported by two congressmen from California. On the Senate side, New Mexico’s senators, Martin Heinrich and Ben Ray Luján, have co-sponsored the bill. The Buffalo Tract and the Crest of Montezuma, which are included in the bill, are popular recreation areas and ancestral lands of the Pueblo of Santa Ana and the Pueblo of San Felipe.
Kendra Pinto, a resident of Navajo Nation, was using an infrared camera to check for emissions earlier this year when she discovered methane leaking from under the ground due to a leak at a well site. Pinto said she reported the leak and, to her knowledge, the well site was shut in and excavated to inspect for the leak. She said such instances are not uncommon at oil and gas sites near her home in northwest New Mexico. Activists like Pinto, who works as a Four Corners Indigenous community field advocate for Earthworks, hope new federal methane regulations proposed by the U.S. Environmental Protection Agency will reduce emissions that contribute to climate change and will also cut down on the air pollution impacting nearby communities’ health. “Emissions happen on leased land, but the air does not conform to those square boxes,” she said during a press conference on Tuesday.
The U.S. Supreme Court heard oral arguments Monday morning for two cases related to the Texas law that bans abortion at six-weeks of gestation. The arguments presented procedural questions about whether or not a group of providers and advocates called Whole Women’s Health Coalition and the U.S. Department of Justice can bring separate lawsuits because the only state actors involved in SB 8 are state court judges and clerks. Texas lawmakers wrote the law in such a way as to abrogate responsibility for the law, leaving Whole Women’s Health Coalition in the position of needing to sue each state trial court judge and an injunction against every county clerk in the state of Texas. The DOJ is suing the state of Texas. If the court rules in either case in favor of either Whole Women’s Health Coalition or the DOJ, the case would go back to the lower court and allow the plaintiff’s legal challenge to the law proceed.
Environmental advocates say the ozone precursor pollutant rule developed by the New Mexico Environment Department should be strengthened, while supporters of the oil and natural gas industry say the draft rule is too restrictive and the costs of retrofitting equipment could lead to wells being plugged. Organizations on both sides had the opportunity to present arguments and answer questions during a two-week-long Environmental Improvement Board hearing that ended Friday. Ozone pollution is caused when volatile organic compounds and oxides of nitrogen react in the presence of sunlight. This can be seen in the form of smog. Several New Mexico counties are pushing federal National Ambient Air Quality standards for ozone and, if the counties go into non-attainment status, they could lose access to federal funding for infrastructure projects such as roads.
The U.S. Fish and Wildlife Service is seeking comments regarding listing the Peñasco least chipmunk as endangered. The Peñasco least chipmunk is a subspecies of the least chipmunk that has historically been found only in the White and Sacramento mountains of southern New Mexico. However, it has not been seen in the Sacramento Mountains since 1966 and its population in the White Mountains is declining and could be destroyed by catastrophic events like fire or disease. The nonprofit advocacy group WildEarth Guardians petitioned the Fish and Wildlife Service to list the chipmunk as endangered in 2011, citing threats like habitat loss and degradation as well as climate change. Related: Climate change places some of New Mexico’s unique species at risk
Following the petition, the Fish and Wildlife Service found that listing the chipmunk as endangered is warranted.
As part of an effort to increase renewable energy, the Bureau of Land Management will hold a virtual geothermal lease sale this fall for three parcels totaling nearly 4,000 acres. These parcels are located in Hidalgo and Sierra counties in southwest New Mexico. This comes after President Joe Biden issued an executive order to increase renewable and clean energy sources. Additionally, the Energy Act of 2020 directed the BLM to permit 25 gigawatts of solar, wind and geothermal on public lands no later than 2025. According to the BLM, as of May there were 36 wind projects and 37 solar projects on federal lands across the United States.