A federal judge ruled earlier this week that two women who filed a lawsuit against Gov. Michelle Lujan Grisham did not adequately show how a state emergency public health order requiring vaccines for certain activities violated their rights.
U.S District Court Judge Martha Vásquez denied a motion filed by the two women, which asked the court to issue a temporary restraining order and a preliminary injunction to stop one of the state’s public health orders that require New Mexico State Fair attendees and public health workers to get a COVID-19 vaccine.
Vásquez wrote that the two plaintiffs failed to show how they would face irreparable harm if the court did not issue an injunction.
“To obtain preliminary injunctive relief, Plaintiffs are required to prove that they are substantially likely to succeed on the merits of their claims, that they will suffer irreparable injury if the Court denies the requested injunction, that the balance of harms weighs in their favor, and that the injunction would not be adverse to the public interest,” Vásquez wrote. “Plaintiffs fail to satisfy their burden as to any, let alone all, of these factors.”
One plaintiff works as a nurse for Presbyterian Hospital in Albuquerque and the other is a mother of children who were set to show livestock at the New Mexico State Fair. Both women claimed that the public health order violated their state and federal constitutional rights. Both women also maintained that they should not be forced to get a COVID-19 vaccine that is approved under an emergency use authorization by the Food and Drug Administration.
ByJolie McCullough and Neelam Bohra, The Texas Tribune |
“As Texans fill up abortion clinics in other states, low-income people get left behind” was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues. Sign up for The Brief, our daily newsletter that keeps readers up to speed on the most essential Texas news. Two days after Texas’ new abortion restrictions went into effect, women’s health clinics in surrounding states were already juggling clogged phone lines and an increasing load of appointment requests from Texans. At a clinic in Albuquerque, New Mexico, an abortion provider said that on Tuesday, the day before the law’s enactment, every patient who had made an appointment online was from its neighbor state to the east. By Thursday, all of New Mexico’s abortion clinics were reportedly booked up for weeks, and a Dallas center had dispatched dozens of employees to help the much less populated state’s overtaxed system.
As New Mexico prepares for its new recreational-use cannabis industry, two cannabis producers are warning of an impending crisis if state regulators do not lift a moratorium on expanding existing medical cannabis production.
After the New Mexico Regulation and Licensing Department and its Cannabis Control Division announced a halt on approval of new facilities until further rules are finalized, two legacy producers, who rarely see eye to eye on regulations, said they are both worried about supply when adult-use sales begin next year.
Earlier this year, Nicole Bazzano, the acting deputy director of business operations for the Cannabis Control Division, sent a letter to medical cannabis producers informing them that any new production facilities would have to wait until after September.
“The [Cannabis Regulation Act] prohibits the [Cannabis Control Division] from accepting any new applications on or after June 29, 2021, for additional premises until related rules have been finalized,” Bazzano wrote. “As such, the [Cannabis Control Division] will not be processing applications for additional premises submitted June 29, 2021 or later, until rules for the corresponding license types are finalized.”
Duke Rodriguez, who is the president and CEO of prominent cannabis company Ultra Health, said that a pause on increasing production facilities will only worsen shortages he has been warning of for years.
“We’re going to have a crisis,” Rodriguez said. “Mathematically we cannot avoid it.”
Rodriguez has long said that New Mexico, particularly in rural areas, was already experiencing cannabis supply shortages because of rules and regulations that cap the number of plants for cultivators.
Rodriguez said the data his company has compiled shows that New Mexico could run out of cannabis completely just several days after recreational-use sales begin. He said allowing medical cannabis producers to expand operations as a way of bolstering supply is only part of the solution and that it may be too late to completely avoid a crisis. That’s partly, he said, because the New Mexico Department of Health’s Medical Cannabis Program capped production to 450 plants per producer for years.
In late August, San Juan Watershed Group Coordinator Alyssa Richmond reached out across the San Juan River using a long pole as it flowed through the Fruitland area and scooped up water. This water was transferred into a bottle that was capped to be sent to a lab in Florida where it will be analyzed to see how much bacteria like E. coli is coming from human waste. Human waste can lead to high levels of E. coli in rivers and the section of the San Juan River where the watershed group collected samples is listed as impaired for the bacteria. That means if people were to ingest the raw water it could make them sick. E. coli is one of the top three causes of water impairment in New Mexico, according to the New Mexico Environment Department’s 2020-2022 integrated report, and agencies throughout the state are working to address the bacteria contamination.
E. coli in the water can come from numerous sources, including leaking septic tanks, livestock, wildlife and pets.
Efforts are underway on both the San Juan River in northwest New Mexico and the Rio Grande in Albuquerque to test how much E. coli is coming from human waste.
Kahleel Alkhalil, a 35-year-old Syrian refugee living in Albuquerque with his wife and eight children, has not been able to receive government relief he qualifies for because he speaks Arabic. Alkhalil is one of thousands of New Mexicans who are eligible for pandemic relief who speak a language other than English or Spanish, said James Jimenez, executive director of New Mexico Voices for Children. Because the nonnative speakers do not possess either English or Spanish skills, they are often unable to access government assistance they qualify for during the COVID-19 pandemic because state government documents and systems do not offer alternative language choices, Jimenez said. A recent New Mexico Voices for Children report, Eligible but Excluded, said that federal law requires state agencies to provide “meaningful access” to people who speak languages other than English but many state agencies in New Mexico have no plans in place to improve language access. This makes breaking a system of economic hardship difficult and is inequitable, the report states.
For centuries, acequias have provided water to farmers along the Rio Chama near Abiquiu, but now some stretches are drying up and the community is facing curtailment. With climate change leading to less water in the area—especially in terms of spring runoff—the acequia members are looking to make every drop count. “They’re not making any more water,” said Tim Seaman with the Rio Chama Acequia Association, while speaking with U.S. Rep. Teresa Leger Fernández, a New Mexico Democrat, as they stood looking out over the Rio Chama below Abiquiu Dam. Leger Fernández visited acequias along the Rio Chama as part of her Agua Es Vida tour on Tuesday. The tour was an opportunity for the congresswoman to see first hand how climate change is impacting water users in New Mexico.