New Mexico Environmental Law Center (NMELC) Dec. 2010 eNews

For those concerned about the upcoming legislative session, excerpt from the NMELC December 2010 eNews (Link to full NMELC eNews issue link>>>>):

"There have been significant gains for communities and the environment in New Mexico during the past eight years but, based on

The sixty-day session begins Jan. 18th

statements made by Governor-elect Susana Martinez during her campaign, and on statements by industry groups, it is clear that many of those gains will be under attack during the 2011 legislative session that begins on January 18th.

Some of the most important issues that may be considered during the session are nullifying newly-adopted climate change regulations, weakening oil and gas regulations, and challenging local authority to regulate oil and gas development and uranium mining.

We, along with other organizations, will continue to advocate for strong protections for our natural resources and environment. To get involved, please be in touch with your legislators about critical issues by email or by telephone. You can learn more about these and other particular pieces of legislation via the NMELC website. There, you can get timely information via email alerts, follow us on Twitter and "like" us on Facebook."

by Douglas Meiklejohn, Executive Director

Brazil to replace oil rigs with 'underwater cities'

The Telegraph
By Robin Yapp, in Sao Paulo

"Traditional oil rigs will be replaced with “underwater cities” within a decade under ambitious plans being drawn up by Petrobras, Brazil’s state-owned energy group. "

"Petrobras plans to turn science fiction into reality to extract oil from the vast pre-salt oil fields discovered off the south east coast of Brazil.

The plan is to construct 'cities’ more than 2,000 metres under water, containing machines, giant pieces of equipment and robots that could inspect the systems being used to extract millions of barrels of oil. Many operations would be fully automated while others would be controlled by humans at a distance." More>>>>

EPA Hydraulic Fracturing Study Workshop

EPA recently announced the Hydraulic Fracturing Study technical workshops occuring in February 2011. According to the flyer, "EPA is seeking subject-matter experts to participate in technical workshops for the Hydraulic Fracturing Study. Experts will contribute to the workshops as presenters and provide technical knowledge during workshop discussions."

The deadline is January 3, 2011. See pdf flyer at the following link>>>>.

Santa Fe's water consultant said to have altered earlier water study in California

KSFR
12/22/2010

Listen at http://is.gd/jftIO

"Exclusive: KSFR News has learned that the private consultant hired by the Buckman Direct Diversion Project to assess the safety of water from Rio Grande allegedly altered scientific information in a similar study of water done more than a decade ago in California.

The study was about the toxin and carcinogen Chromium-6. The issue comes to light as the environmental advocates named theEnvironmental Working Group release results of a nationwide study of Chromium-6 found in tap water in Albuquerque and other big cities. The story is potentially germane to Santa Fe's water because the private consultant, named ChemRisk, in the earlier water-study allegation has recently given Rio Grande water a clean bill of health for Santa Fe.

Was the carcinogen Chromium-6 found in Albuquerque water during the past year? That's when Albuquerque started dipping into the Rio Grande for its own water supply. Renee Sharp of the Environmental Working Group says that's precisely when her organization took the water samples.

Buckman project chief Rick Carpenter tells KSFR he has just become aware of the allegations but is convinced the work by the ChemRisk consulting group in Santa Fe's case is valid. " To listen online, go to link>>>>.

Official: Audit of state Land Office a 'joke'

The New Mexican
Staci Matlock

"The general counsel for lame duck New Mexico State Land Commissioner Patrick Lyons called a recent special state audit of the State Land Office "a joke."

"Either they (state auditors) are incompetent or this is just a political witch hunt, which is a shame," said Robert Stranahan on Monday.

The 71-page special audit, released Dec. 8, included 15 "findings" on 100 state trust land transactions conducted by the State Land Office from 2002 to March 11, 2010.

The report concluded that the New Mexico State Land Office had weak internal controls, arbitrarily changed appraised land values and failed to follow the public bid process.

The State Land Office oversees 8.5 million acres of surface lands and 13 million acres of mineral rights in New Mexico. Revenue from the sale or lease of those lands for grazing, mining and energy development benefit public schools and other institutions.

State Auditor Hector Balderas looked at land exchanges or leases statewide, including a controversial exchange of land around White Peak in northeastern New Mexico and a land deal with Rio Rancho and Lions Gate Entertainment, (.)" More>>>>

Richardson dumps plan for wild-horse haven to help shore up budget

Santa Fe New Mexican
by Kate Nash
Dec. 15, 2010

"The state won't buy a private ranch to expand the Cerrillos Hills State Park and establish a wild-horse sanctuary south of Santa Fe, Gov. Bill Richardson's office said Wednesday, calling the move "unfeasible."

Richardson had been heavily criticized for the idea, which would draw millions of dollars from a pot of federal economic-stimulus funds that are being spent at the governor's discretion.

Instead, Richardson will use $3.1 million to help stave off additional state-employee furloughs and layoffs amid a projected state budget shortfall of $400 million.

"While the purchase of the ranch was a great opportunity for the state, and would have been a big boost to tourism and the local economy of the Galisteo Basin, moving forward at this time is unfeasible," Richardson said in a statement. The governor is in North Korea on an unofficial diplomatic mission." More>>>>

U.S. Sues Companies for Spill Damages

The New York Times
by John Schwartz
Dec. 15, 2010

"The Department of Justice filed a civil lawsuit Wednesday in New Orleans against the oil giant BP and eight other companies over the oil spill in the Gulf of Mexico.

Although the complaint does not specify the damages that the administration is seeking, the fines and penalties under the laws that are cited in the complaint could reach into the tens of billions of dollars.

“We will not hesitate to take whatever steps are necessary to hold accountable those who are responsible for this spill,” Attorney General Eric H. Holder Jr. said at a news conference.

Mr. Holder said the department was “making progress” on a criminal investigation of the companies involved in the spill.

The Deepwater Horizon rig burned and sank in April, killing 11 workers and leaving the well it was drilling to gush out of control on the gulf floor. Millions of gallons of crude oil spilled before the well was capped in July.

The government is alleging violations of federal regulations concerning the operation and safety of oil rigs, including the failure to take necessary precautions in securing the rig before the explosion and the failure to use the safest drilling technology.

The nine defendants include BP and its partners in owning the well, Anadarko Petroleum and MOEX Offshore 2007, as well as BP’s operating partners, including Transocean, the owner of the rig, and insurers. The 27-page complaint was filed in Federal District Court in New Orleans, where thousands of spill lawsuits have been consolidated.

A leader of the group of plaintiffs’ lawyers in the case, James Roy, welcomed the newest litigant, saying, “We look forward to continued cooperation with the U.S. government in pursuit of justice for all victims of the Deepwater Horizon tragedy.”

Halliburton, the contractor for the cement work on the well, was not named as a defendant, but Mr. Holder said the complaint could be amended later. The complaint specifically cites failures of cementing as a factor that contributed to the spill." More>>>>

Wind power versus vistas: Residents want 3-mile setback for utility-scale project

Staci Matlock | The New Mexican
Posted: Sunday, December 12, 2010 - 12/13/10

"The San Miguel County Commission is scheduled to vote on a revised ordinance governing wind-energy farms this week in Las Vegas.

A proposed wind farm by Chicago-based Invenergy, on mesa-top trust land leased from the New Mexico State Land Office, prompted an immediate backlash from nearby villages and a call for more space between the farm and private homes.

The residents living near and on Bernal Mesa, where the wind farm is proposed, want a three-mile setback from the closest residences.

Invenergy has proposed a 1,500-foot setback.

San Miguel County was the first in the state to approve a wind ordinance seven years ago when the wind industry was in its infancy. But it wasn't designed for utility-scale projects. The Invenergy project would involve up to 50 turbines each standing more than 350 feet tall and capable of producing 1.5 megawatts of energy.

The ordinance, which applies to any wind farms in the county, will dictate how the Invenergy project ultimately looks, according to Mark Jacobsen, the company's director of business development.

Unlike public utilities such as Public Service Company of New Mexico, wind farms aren't governed by the state's Public Regulation Commission unless the facility is larger than 300 megawatts. Since wind farms are technically free of any emissions, they aren't overseen by the state Environment Department. But wind farms have to follow county ordinances. " More>>>>

NM judge hears first pit rule challenge

For background, go to:

Pit Rule Appeal Hearings on December 10th

Some citizens attended the hearings. Some of the issues raised by industry lawyers were interesting. For example, OCD (Oil Conservation Division) is charged with protecting waste and one definition of waste is to obtain every last drop of hydrocarbon from a well or then there would be waste, industry claims. Another industry argument is that if there are competing concerns such as economic versus environment, then economic trumps. So, according to industry, the OCC (Oil Conservation Commission) and the OCD violated these by adopting the pit rule.

Such reasoning could lead to the conclusion that the regulatory charge of OCD is promote for the well interest owners' benefit the maximum amount possible extraction from wells and to not promulgate rules that could have adverse economic impacts, great or small, to those interests even if there were adverse impacts to the environment.

Another way to look at the apparent industry point of view, whatever is in the interest of the oil and gas industry is good for New Mexico. Evidently, the oil and gas industry has decided that the pit rule is not good, thus it is not good for New Mexico.

For a brief Associated Press article about the hearing, click here>>>>.

Beyond Fracking: Experts Challenge Safety of Exploratory Wells, Vertical Drilling

by Marie C. Baca
ProPublica, Dec. 6, 2010, 4:30 p.m.

"For more than two years, the natural gas drilling debate has focused primarily on the use of hydraulic fracturing in horizontal wells. But expert testimony submitted for a government hearing next month challenges long-held assumptions about the safety of deep vertical drilling and exploratory wells, which operate in many states with limited regulatory oversight.

The administrative hearing will be held by the Delaware River Basin Commission [1], a federal agency that regulates a variety of water and land activities in Pennsylvania, New York, New Jersey and Delaware. At issue is the commission’s June 2010 determination that companies that drill exploratory wells—wells that are drilled to test theories about where gas might be found—must obtain the agency’s approval before drilling within its jurisdiction, and whether or not 11 exploratory wells in Pennsylvania that have already been approved should be exempt from the regulation.

The commission rarely holds hearings, and the progress of this one is being followed closely by industry and environmental advocates because of its implications for the drilling boom in the gas-rich Marcellus Shale rock formation, which underlies much of the basin." More>>>>

The Pledge to Protect New Mexico

During her campaign to become Governor, Governor-elect Susana Marinez promised environmental rollbacks, such as to the Oil Conservation Division (OCD) "pit rule." Please note, the OCD is under the New Mexico Energy, Minerals and Natural Resources Department (EMNRD) and the head of EMNRD is a cabinet position. According to the New Mexico Independent, the oil and gas industry dominates Martinez's energy (EMNRD) and environment (NMED) search team. According to Democracy for New Mexico (DNM), "Martinez's campaign was heavily supported by people in the oil and gas industries." So, who is beholden to whom?

Again, according to DNM, the Conservation Voters New Mexico (CVNM) "CVNM today (12/2/10) announced the release of a new website that tracks the responses of New Mexico state legislators to a pledge to protect New Mexico’s environment. The Pledge to Protect New Mexico, which was sent to all 70 state representatives and representatives-elect and 42 state senators, affirms that the signee agrees not to weaken any existing environmental protections in the state of New Mexico."

DNM further states, "New Mexicans can visit the Legislative Pledge website, www.cvnmef.org/pledge, to find out if their state legislators have signed the pledge. Visitors to the website can then contact their legislators to let them know that they care about environmental issues by thanking them for signing the Pledge or encouraging them to sign if they have not already.

“As transparency and accountability of elected officials have become more important” said Buffett, “New Mexicans deserve to know which legislators are committed to ensuring that we have clean air to breathe and clean water to drink.”

Visit the Pledge to Protect New Mexico Website: www.cvnmef.org/pledge/. Visit CVNM Education Fund: www.cvnmef.org."

Related posts:

Susana Martinez and the Oil & Gas Industry Talking Points

NM: Oil and gas industry dominates Martinez’s energy & environment search team

Pit Rule Appeal Hearings on December 10th

Buckman Direct Diversion: Groups say river-toxin report deficient

Watchdogs want more work on water-quality study as city, county project prepares to draw from Rio Grande

Staci Matlock | The New Mexican
Posted: Sunday, December 05, 2010

"In January, the first gallons of river water from the Rio Grande will be diverted through the new $216.3 million joint city and county project, treated, commingled with other waters and sent through a pipe to customers' taps.

A 317-page draft technical report by two companies skilled in analyzing water quality and health risks of nuclear-weapons materials is supposed to answer the fundamental question: Is that water from the Buckman Direct Diversion project safe to drink in the short term and the long term, since it is downstream from Los Alamos National Laboratory waste sites?

The two companies — ChemRisk and AMEC Earth and Environmental — were hired by the Buckman Direct Diversion Board to conduct the analysis." More>>>>
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Headwaters Economics: The Economic Benefits of Southern New Mexico’s Natural Assets

From the Headwaters Economics newsletter:

"Conserving one of southern New Mexico’s greatest assets, the region’s enchanting natural areas, is a foundation for economic vibrancy and quality of life. Tourism alone is the state’s second largest industry, bringing more than $5.7 billion to New Mexico annually. A sustained effort to protect wildlife, increase outdoor recreation, and restore watersheds and forests provides direct benefits, including new jobs in local communities..

This report examines how investments in conservation and restoration can provide not only an immediate return through employment and revenue, but also help promote long-term economic growth and development that extends far beyond tourism. In today’s economy, the greatest value of southern New Mexico’s natural amenities and recreation opportunities lies in their ability to attract and retain people, entrepreneurs, their businesses, and the growing number of retirees who locate for quality of life reasons." Newsletter>>>>

Mining Firms Race to Bulk Up

Commodities have had nice price run up. Gold is well over $1,400 an ounce. West Texas Intermediate Crude Oil ($WTIC) continuous contract prices ended just shy of $90 per barrel yesterday. In December 2008, it traded as low as $35.13 -- a 254% high/low price increase. Unleaded Gasoline continuous contract ($GASO) has increased from a December 2008 $0.82 low to close yesterday at $2.35, a 286% run up. So what does this mean for the extractive industries? See the following WJS article:

Wall Street Journal

By ROBERT GUY MATTHEWS And KRIS MAHER

"Tom Whelan, a partner at Ernst & Young's mining and metals practice said that the these deals stem in part from a cash buildup among mining companies. Commodity prices for iron ore, copper, zinc, coal and other metals and minerals recovered quickly after the economic downturn in 2008.

"We've had 18 months of spectacular earnings," he said. "Major and mid-tier producers are getting cashed up quite nicely."

Moreover, building a new mine is becoming more difficult due to political and social concerns, as well as worries about fickle foreign governments changing rules.

"Getting a social license to cooperate has become so difficult," says Glenn Ives, chairman of Deloitte & Touche in Canada and head of its North American mining group. Still, he said, mining companies are willing to take risks because of strong prices.

The high commodity prices "are making every region, no matter how dangerous, attractive," including Afghanistan." More>>>>

Pit Rule Appeal Hearings on December 10th

New Mexico Environmental Law Center (NMELC)

"On December 10, 2010, the NMELC and its clients, the Oil and Gas Accountability Project (OGAP), will go to court to defend the hard-won Oil & Gas Pit Rule. The hearing will be held in Santa Fe, NM in State District Court beginning at 2:00 pm. Both the industry's appeal of

Gila River, Silver City, NM

the Pit Rule and the politically-motivated rollback of the chloride standard will be argued at the same proceeding. The hearing is open to the public." More>>>>

Stop Gas Drilling -- Sue Your Neighbor

The Huffington Post
by Andrew Reinbach

"Basic real estate law could stop gas drilling in the Northeast.

Here's the idea. When you bought your house you didn't buy just dirt and bricks; you bought what your lawyer calls a bundle of rights. That includes what he or she calls the right of quiet enjoyment.

Quiet enjoyment means more than the right to sit on your porch and watch the sunset; it includes the right to enjoy the value of your property. If your neighbor does something to hurt this right, he has to pay you the before-and-after difference -- to make you whole, as they say.

It's called nuisance law, and means everybody has the right to do what they want with their property -- as long and they don't hurt anybody else. If they do, they have to pay.

So, since banks won't lend on a house near a gas well unless the owner can prove their water supply will always be safe, and that can't be done -- i.e.: where there's gas drilling, property values collapse -- it follows as the night the day that if your neighbor leases his land for gas drilling, you can sue said boneheaded neighbor to make you whole.

"It's just Real Estate 101," says the co-chair of one of the American Bar Association's practice groups. "I'm surprised nobody's using it now."

As it happens, it is being done now. Two recent Pennsylvania lawsuits, filed separately against Southwest Energy Co. and Chesapeake Energy Corp., claim that their gas drilling has contaminated local water supplies and harmed the related property values."...

..."Called anticipatory nuisance, it's basically the notion that you can stop your neighbor from doing something if waiting to sue until you're harmed is ludicrous. In a western, this is where the marshal says you shot in self-defense.

"It's a doctrine that's established in common law," says Alexander. "A court would not be making new law" by supporting such a claim, and "it presents a plaintiff with a lot of ammunition."

The beauty here is that applying the case law to gas drilling is no stretch. According to George P. Smith, II, who wrote an article about this in the Vermont Law Review, it was established in 1864 America, when a court found that one Mr.Tipping's property rights would be harmed by a proposed smelting operation, even though there were several factories nearby. More rulings followed.

These are really two different sorts of lawsuits; one compensates you if drilling's already taken place and the other would stop it before it happened." More>>>>

Is natural gas the fuel of the future?

Despite sparse filling stations, car owner swears by Civic GX

Staci Matlock | The New Mexican

"Albuquerque's Barry Bitzer likes the fact that his newly acquired Honda GX needs no gasoline and spits out almost zero emissions from the tailpipe.

The one problem with the natural-gas-fueled vehicle: There are only three public places in the state to refuel it. "The one thing I cannot yet do with my CNG Honda GX is drive interstate to the west, south or east," Bitzer said. "There are no fueling stations for it within my 250- to 300-mile range."' More>>>>

Pittsburgh Bans Natural Gas Drilling (and Corporate Personhood)

A really interesting post at Democracy Unlimited of Humboldt County

Adopts First-in-the-nation Ordinance – Elevates the Right of the Community to Decide, Not Corporations

"FOR IMMEDIATE RELEASE
November 16, 2010

PITTSBURGH: Today, the Pittsburgh City Council unanimously adopted an ordinance banning corporations from conducting natural gas drilling in the city.

The ordinance was drafted by the Community Environmental Legal Defense Fund (CELDF) at the invitation of Councilman Bill Peduto, and was introduced by Councilman Doug Shields.

Pittsburgh’s first-in-the-nation ordinance confronts the threat of Marcellus Shale drilling – an activity permitted by the state which allows corporations to site drilling activities over the wishes of a community.

Energy corporations are setting up shop in communities across Pennsylvania, to drill for natural gas in the Marcellus Shale formation. The gas extraction technique known as “fracking” has been cited as a threat to surface and groundwater, and has been blamed for fatal explosions, the contamination of drinking water, local rivers, and streams. Collateral damage includes lost property value, ingestion of toxins by livestock, drying up of mortgage loans for prospective home buyers, and threatened loss of organic certification for farmers in affected communities.

Councilman Shields stated, “This ordinance recognizes and secures expanded civil rights for the people of Pittsburgh, and it prohibits activities which would violate those rights. It protects the authority of the people of Pittsburgh to pass this ordinance by undoing corporate privileges that place the rights of the people of Pittsburgh at the mercy of gas corporations.”

Shields added, “With this vote we are asserting the right of the city to make critical decisions to protect our health, safety, and welfare. We are not a colony of the state and will not sit quietly by as our city gets drilled. We encourage communities across the region to take this step and join with us to elevate the rights of communities and people over corporations.”' More>>>>

Related post:

(Pittsburgh) Council bans gas drilling in city

(Pittsburgh) Council bans gas drilling in city

post-gazette.com

By Joe Smydo, Pittsburgh Post-Gazette

"Pittsburgh City Council voted unanimously today to ban natural gas production in the city, becoming the second municipality to impose a ban in as many days.

South Fayette commissioners voted Monday to ban drilling in neighborhoods, parks and farms.

Pittsbugh's ordinance, sponsored by Councilman Doug Shields, bans drilling or production activities anywhere in the city.

Since introducing the bill in August, Mr. Shields has become a vocal critic of an industry he considers under-taxed and under-regulated.

The industry has said the ban would be illegal. Mr. Shields, in essence, has said he would welcome a legal fight." More>>>>

Rules needed for horizontal drilling

New Mexico Business Weekly - by Kevin Robinson-Avila

Date: Thursday, November 11, 2010, 12:06pm MST

"As horizontal drilling gains ground in southeast New Mexico, regulatory issues are percolating to the surface in Santa Fe.

With traditional vertical wells, lease holders drill straight down into mineral resources that are recognized as their property once they extract it from the ground. There are rarely disputes over a lessee’s rights to the proceeds.

But when producers start drilling sideways into previously untapped hydrocarbons, property lines can become blurred, said Mark Fesmire, acting director at the state Oil Conservation Division.

“If you’re drilling horizontally, you can go from your land way out into somebody else’s property,” Fesmire said.

That raises questions." More>>>>

Drilling challenges slowly reshape oil exploration

MarketWatch
By Myra P. Saefong, MarketWatch

"TOKYO (MarketWatch) — More than six months after the Deepwater Horizon drilling rig sank, resulting in an estimated release of nearly 5 million barrels of crude oil into the Gulf of Mexico, regulations have tightened and the industry is just getting a taste of the potential changes and challenges ahead. " More>>>>

CBS 60 Minutes: "Shaleionaires"

(CBS) 60 Minutes Sunday, Nov. 14, 2010

"SHALEIONAIRES - While some complain that extracting natural gas from shale rock formations is tainting their water supply, others who have allowed drilling on their property are getting wealthy and becoming "shaleionaires." Lesley Stahl reports. Shachar Bar-On and Meghan Frank are the producers." Link>>>>

Christine and Tim Ruggiero in Texas were interviewed for "Shaleionaires" regardinging gas drilling on their land. The Ruggiero's have 10 acres significantly adversely impacted by drilling operations.

Videos of the Ruggerio's situation:

NM panel approves new emissions reporting rules

Bloomberg Businessweek
By SUSAN MONTOYA BRYAN

SANTA FE, N.M.

"New Mexico regulators on Wednesday approved new rules for reporting and verifying greenhouse gas emissions to support the state's recently adopted cap-and-trade system.

The New Mexico Environmental Improvement Board voted 5-1 in favor of the rules, which will apply to more than 130 industrial facilities around the state, including power plants, cement-producing plants, refineries and other operations in the oil and natural gas industry.

The state environment department said the new reporting requirements will provide more accurate and consistent data that will allow the state to participate in a regional cap-and-trade program with other Western states and Canadian provinces, or a national program, if it is ever adopted by the federal government. The rules take effect Jan. 1." More>>>>

NM: Oil and gas industry dominates Martinez’s energy & environment search team

The New Mexico Independent
By Gwyneth Doland

New Mexico Governor-elect Susana Martinez today named the members of her search team for cabinet members and high-ranking officials in the Environment Department and the Energy, Minerals and Natural Resources Department. The committee is chaired by Martinez’s former opponent from the primary campaign, Pete Domenici Jr., who is a lawyer specializing in oil and gas.

Other members include:

• T. Greg Merrion, the president of Merrion Oil & Gas in Farmington, past president of the Independent Petroleum Association of New Mexico and past chairman of the New Mexico Oil & Gas Association
• Mark Murphy of Strata Production Company, an oil and gas company based in Roswell
• Joel Carson, who, according to his LinkedIn profile, is general counsel to Mack Energy, an Artesia-based oil and gas company
• Dennis L. Hjeresen, division leader for Environmental Protection at Los Alamos National Laboratory
• Rance Miles of Select Milk Producers
• Catron County rancher Roy Farr
• Martine’z husband, Chuck Franco, a Doña Ana County undersheriff

Related post:

Susana Martinez and the Oil & Gas Industry Talking Points

Susana Martinez and the Oil & Gas Industry Talking Points

Amazing misinformation disseminated about the "pit rule" and the Santa Fe County Oil and Gas Ordinance in the following video clip. Guess where Susana Martinez’s campaign contributions came from.

Santa Fe County Sustainable Growth Management Plan (SGMP) Adopted

The Santa Fe County Board of County Commissioners (BCC) adopted the Sustainable Growth Management Plan (SGMP) with a vote of 5 - 0. About 200 hundred plus people showed up for the hearing. There was a lot of opposition predominately from citizens in the southern most part of the County, but there was more support than opposition. Although they brought up some valid points, there was a lot of misunderstanding about the plan. There were some amendments proposed that are scheduled to be heard at the next BCC hearing, but the amendments should not substantively change the plan.

The Commissioners were fantastic in their deliberation.

Now it is onto the code drafting process....

Cervantes considers coalition overthrow of Luján

nmpolitics.net
By Heath Haussamen • 11/08/10, 7:50 am

State Rep. Joseph Cervantes (Photo by Heath Haussamen)

"The talk at the Roundhouse has shifted from the election to a potential coalition overthrow of House Speaker Ben Luján that would be led by Rep. Joseph Cervantes, D-Las Cruces.

That’s because, with GOP gains in the House last week, it would only take three Democrats voting with Republicans to elect a coalition speaker. Cervantes met with House Minority Whip Keith Gardner last week to talk about the possibility of forming the first such coalition in the House since 1980.

Nothing has been decided, sources say, and Cervantes becoming speaker with the support of a coalition of Democrats and Republicans is only one possibility being discussed. A Democratic caucus overthrow of Luján is another possibility, though who would lead such an effort – and if such an effort will materialize – isn’t clear.

Luján has already said he has no intention of stepping aside.

Come January, the House will have 37 Democrats and 33 Republicans. Four Southern New Mexico Democrats who have stood up to Luján in the past – Cervantes, Mary Helen Garcia of Las Cruces, Dona Irwin of Deming and Andy Nuñez of Hatch – are being mentioned as potentially willing to partner with Republicans to make Cervantes speaker." More>>>>

When a Rig Moves In Next Door

There are different conclusions and points of view one could take from the below article. One conclusion is that at the very least, monitoring and investigations of oil and gas drilling and production is generally speaking inefficient.

The New York Times
By CLIFFORD KRAUSS and TOM ZELLER Jr.
Published: November 6, 2010

"IN the sparsely populated pastures of De Soto Parish in Louisiana, the ability to extract gas from shale — which can involve a process known as fracking — has been welcomed as an economic windfall. Some residents call it a gift from God.

But 1,400 miles to the north, in Susquehanna County in Pennsylvania, shale gas development has divided neighbors, spurred lawsuits and sown deep mistrust. Along Grove Avenue in Montrose, the county seat, a billboard looms overhead, advertising the services of a personal-injury law firm. “HURT by DRILLING?” it asks. " More>>>>

Richardson to Obama: Otero Mesa needs protection

Governor urges president to create national monument

Alamogordo Daily News
By Elva K. sterreich, Associate News Editor

Posted: 11/06/2010 12:00:00 AM MDT

"In a letter to President Barack Obama, New Mexico Gov. Bill Richardson called for a national monument declaration for Otero Mesa.

During his two terms in office, Richardson has worked to protect the 1.2-million-acre expanse from oil and gas exploration. He calls Otero Mesa ''a national treasure'' and wants Obama to use his presidential authority to establish a monument.

"As governor I have fought hard to protect Otero Mesa, but if we are going to ensure the protection of this national treasure for future generations, we need a permanent federal designation," Richardson said.

Otero County commissioners in May passed an ordinance requiring local consideration before any designation of Otero Mesa as a national monument.

According to a press release from the New Mexico Wilderness Alliance, recent public events including an economic forum in Alamogordo and a Department of Interior listening session in Albuquerque have created a groundswell of support for further protection of the public lands that are currently managed by the Bureau of Land Management." More>>>>

County plan for growth scrutinized ahead of vote

Critics blast 'cookie cutter' aspects, ambiguities

Phaedra Haywood | The New Mexican
Posted: Saturday, November 06, 2010 - 1

"The Santa Fe County Commission is scheduled to vote Tuesday on a plan for managing growth over the next 20 years.

Land Use Director Jack Kolkmeyer said the Sustainable Growth Management Plan is an evolution of the county's 1999 land-use plan and addresses some of the same topics — community planning, open space, affordable housing and targeted development districts. But it also contains new elements.

Kolkmeyer said the plan, which the county has been working on for the past two years, includes maps that clearly identify those areas of the county where growth will be encouraged. One component of the new plan is a Capital Improvements Plan that will allow residents to see the order of priority for different county projects.

Overall, Kolkmeyer said, the growth-management plan is a tool designed to balance the rights of individual landowners with the rights of the public and give residents "more clarity about the process."

Much of the nearly 300-page document is devoted to outlining conditions in the county as they exist now.

It also contains suggestions for fostering clustered, mixed-use developments and walkable communities to reduce the consumption of fossil fuels, and directing growth to areas where infrastructure already exists.

Requiring new development to pay its share of the cost for new infrastructure and service-related needs is also central to the plan.

The county has held an estimated 100 meetings on the plan and dozens of organizations — including schools, farms, acequia associations and conservancy groups — have weighed in during the process.

Still, there are some groups and individuals who aren't comfortable with the plan.

People who live in the most southern part of Santa Fe County have said the plan's emphasis on clustered development and the preference for surface water over groundwater does not reflect their lifestyle choices or the realities of water use in their part of the county. " More>>>>

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Santa Fe County Sustainable Growth Management Plan (SGMP)

DSF email sent to the Santa Fe Board of County Commissioners:

"First of all, the efforts by the County to draft a visionary land use plan is very greatly appreciated. Thank you.

Please adopt the plan as is in the latest version. If there were to be changes, please stregthen, don't weaken.

Related post:

Sustainable Growth Management Plan (SGMP) Update

Spiro Vassilopoulos possible head of the Energy, Minerals and Natural Resources Department

From "Governor-elect Martinez chooses Heather Wilson to lead transition

"Kate Nash | The New Mexican
Posted: Thursday, November 04, 2010 -

"Other names out there include Spiro Vassilopoulos, an Albuquerque oil industry investor who has run for U.S. Senate and for state land commissioner, as a possible head of the Energy, Minerals and Natural Resources Department"...More>>>>

NM Regulators to Decide on Cap-and-Trade Plan

By SUSAN MONTOYA BRYAN Associated Press

ALBUQUERQUE, N.M. November 2, 2010 (AP/ABC News)

"New Mexico regulators are set to decide Tuesday whether to adopt a state proposal that would establish a cap-and-trade program to control greenhouse gas emissions.

The New Mexico Environmental Improvement Board is considering a petition by the Environment Department that would allow the state to participate in a regional cap-and-trade program with other Western states and Canadian provinces that make up the Western Climate Initiative.

Under the state's plan, the program would not be implemented unless there were sufficient greenhouse gas allowances to make trading efficient and cost-effective. It also includes a sunset provision if the federal government were to implement its own program.

State officials said the cap-and-trade program would be a first step toward getting a handle on New Mexico's emissions.

New Mexico's coal-fired power plants and the oil and gas industry pump about 24 million metric tons of carbon emissions into the air each year. The state aims to curb the emissions of those that emit 25,000 metric tons or more." More>>>>

Sustainable Growth Management Plan (SGMP) Update

Santa Fe County Email:

"Santa Fe – November 1, 2010 – The Board of County Commissioners will hold a second Public Hearing on the Sustainable Growth Management Plan (SGMP) on Tuesday, November 9^th at 6:00 PM. The SGMP was recommended for review to the Board from the County Development Review Committee after 10 public hearings on the draft Plan. The Board has held two study sessions on the Plan and held a public hearing on September 14^th, 2010. The Board made recommendations for revisions to the Plan at their study session on October 5^th, 2010 which staff has incorporated into the revised final draft.

The 2010 SGMP Revised Final Draft is available on the County website at http://www.santafecounty.org/growth_management/sgmp. (20.90 MB) Supplementary Materials, previous drafts of the Plan, past packet material, public comments, and staff recommendations are also available at the above direct link or by clicking the “Revised Sustainable Growth Management Plan” link under Hot Topics on the County website at www.santafecounty.org.

For more information about the SGMP, contact Planning Manager Robert Griego, (505) 986-6215 or email rgriego@santafecounty.org."

Official Spill Investigation: Halliburton Ignored Well Flaws Too

Fast Money
by Austin Carr

"BP isn't the only culprit in the Gulf oil spill--Halliburton deserves much of the blame too, according to the first official investigation into the matter. The presidential commission probing the spill said Thursday that both BP and Halliburton knew the cement mixture sealing the well might not hold, but disregarded its flaws.

The New York Times reports that after three laboratory tests of the cement mixture, Halliburton determined it fell short of industry standards. One test which was shared with BP on March 8--more than a month before the spill--revealed the mixture to be unstable. Two subsequent tests showed similar results, but were not delivered to BP." More>>>>

'Fracking' mobilises uranium in marcellus shale

Science Centric

"Scientific and political disputes over drilling Marcellus shale for natural gas have focused primarily on the environmental effects of pumping millions of gallons of water and chemicals deep underground to blast through rocks to release the natural gas.

But University at Buffalo researchers have now found that that process - called hydraulic fracturing or 'fracking' - also causes uranium that is naturally trapped inside Marcellus shale to be released, raising additional environmental concerns.

The research will be presented at the annual meeting of the Geological Society of America in Denver on Nov. 2." More>>>>

KSFR, "Living on the Edge": Senator Peter Wirth and Candidate for Governor Diane Denish

Thursday, October 28^th from 6pm to 7pm, Living on the Edge will have a special one hour energy forum hosted by David Bacon. Guests will be New Mexico Senator Peter Wirth and candidate for governor Diane Denish. Some areas of interest would be the New Mexico Oil Conservation Division “pit rule,” local oil and gas ordinances and State versus local authority. If you have questions for the guests, you may call in to the show or you can post them on the Drilling Santa Fe blog for the host to “harvest.”

Link to DSF post: http://drillingsantafe.blogspot.com/2010/10/ksfr-living-on-edge-senator-peter-wirth.html

DOI requests Inspector General Office renew investigative inquiries on Henke

BLM Director Bob Abbey is now requesting of the Acting Inspector General of the Department of Interior to "renew its investigative inquiries regarding certain questionable activities that may occurred during the tenure of Steve Henke, to include activities which eventually led to his employment by the New Mexico Oil and Gas Association." Link to letter>>>>


Related post:

Abbey rejects calls for ethics probe of N.M. field office

Denish & Martinez v. the "Pit Rule" & Local Authority

The New Mexico Governor's race between Denish and Martinez has greatly generated concern regarding future assaults on the Oil Conservation Division "Pit Rule" and local oil and gas ordinances. The difference between the two candidates seems to be a matter of degree. It has been opined that Martinez is much more extreme than Denish when promoting the oil and gas industry agenda (e.g., Martinez will undermine private-property protections by Kim Sorvig).

In either case, the "Pit Rule" will likely be "revisited", again, to weaken it or even repeal it, and the regulatory milieu could likely be the State versus local authority. The attacks will be justified by shaky statistics and motivated by fear to avoid State budget shortfalls.

In all, the next Governor and upcoming legislative sessions bear watching.

Gas drilling has blighted my life

High Country News
We need energy -- but not at the cost of clean water

Essay - October 12, 2010 by Louis Meeks

Excerpt:

..."We’ve lived around natural gas development in Pavillion since 1998. But 10 years ago, the drilling ramped way up to 100 or more wells, one large compressor plant and a smaller one. That same year, our neighbors began having problems with their water wells. Not long after Encana, a natural gas company from Canada, drilled a gas well near my neighbor's house, his water well began to produce black, nasty water that smelled and tasted like gas. My neighbors talked to Encana and got help to install a reverse osmosis system to treat their water.

In 2004, Encana drilled a well about 500 feet from my house and even closer to my drinking water well. In the past, we always had clean, fresh water, but soon our water began to taste and smell like gas and the well began producing less water. Encana agreed to test the water and chlorinate it, and during testing the company hauled water into a cistern for us.

About seven months later, I decided to drill a new well since I was pretty sure the old one was contaminated. While drilling the new well, we hit gas, our new water well blew out and we were forced to evacuate our home. The state Homeland Security force and local firefighters closed off all roads to our home until we could get the gas contained without igniting it. You could hear and smell the plume, blowing 30 feet high under tremendous pressure. Encana cemented the well shut, and it was three days before we could return home.

We continued to haul in drinking water, only using the well water for household use and showering. It was during this time that we started having strange symptoms -- our mouths were dry and Donna’s eyes kept stinging.

We had a hydrogeologist and drilling experts come out. They told us hydraulic fracturing had caused methane to migrate and collect underground. That meant that the fracturing chemicals were also moving around." More>>>>

Halliburton’s quarterly net income doubles

"NEW YORK (MarketWatch) — Halliburton Co.’s third-quarter net income doubled, the energy-services giant reported Monday, as North American activity offset a slowdown tied to the deepwater-drilling moratorium in the Gulf of Mexico." More>>>>

Second Public Hearing Set for Sustainable Growth Management Plan (SGMP)

Santa Fe County Email:

"Santa Fe- October 14, 2010 - The Board of County Commissioners (BCC) will hold the second public hearing on the revised final Sustainable Growth Management Plan (SGMP) at their regular Board of County Commissioners Meeting on Tuesday, November 9 at 6 p.m. in the County Commission Chambers. The BCC held a second special work session for the SGMP on Tuesday, October 5. During the study session, the board made several recommendations for revisions, including changing the name from the Sustainable Land Development Plan (SLDP) to the Sustainable Growth Management Plan (SGMP).

The revised final draft of the SGMP will be posted on the County website November 1, 2010. Prior draft versions of the Plan, along with past packet materials, public comments, and staff recommendations are available at www.santafecounty.org by clicking the “Sustainable Growth Management Plan” link under Hot Topics. For more information about the SGMP or the upcoming final public hearing, contact Planning Manager, Robert Griego (505) 986-6215 or email rgriego@santafecounty.org "

Abbey rejects calls for ethics probe of N.M. field office

Scott Streater, E&E reporter

Excerpts:

..."In a one-page letter delivered to environmental groups last week, BLM Director Bob Abbey said the matter, which was investigated by the Interior inspector general's office and reviewed by the Justice Department, is closed."...

..."Henke, a 34-year agency veteran, retired from BLM in May and began his position with the New Mexico Oil and Gas Association on Aug. 1.

But just as Abbey sought to end the fracas over Henke, the Washington, D.C.-based Project on Government Oversight, a nonpartisan watchdog group, released a letter citing Henke's misconduct and criticizing BLM for soft-peddling its response to his actions, which he admitted to his superior, BLM New Mexico State Director Linda Rundell last April."...

..."POGO argued in the five-page letter to Abbey and Interior Secretary Ken Salazar that the department effectively ignored credible allegations against Henke, and that "BLM's senior management did not appropriately respond" to a June inspector general's reportthat, among other things, found that Henke "took gifts from Williams Exploration and Production, a prohibited source, in the form of golf [tournament] tickets, lodging and meals" (Land Letter, Sept. 16).

Williams E&P is one of the nation's largest natural gas firms, with extensive drilling operations in New Mexico's San Juan Basin, where the Farmington Field Office has jurisdiction.

Brian asked Salazar and Abbey to request a second IG investigation to determine whether "other BLM Farmington office employees have inappropriate relationships with companies or associations with a stake in BLM's operations" that has resulted in a conflict of interest."

Related post:

Report: Former BLM manager took oil company gifts

Philly academy study finds gas drilling threatens streams

philly.com

By Sandy Bauers

Inquirer Staff Writer

"A preliminary study by Academy of Natural Sciences researchers suggests that even without spills or other accidents, drilling for natural gas in Pennsylvania's rich Marcellus Shale formation could degrade nearby streams.

The researchers compared watersheds where there was no or little drilling to watersheds where there was a high density of drilling, and found significant changes.

Water conductivity, an indicator of contamination by salts that are a component of drilling wastewater, was almost twice as high in streams with high-density drilling.

Populations of salamanders and aquatic insects, animals sensitive to pollution, were 25 percent lower in streams with the most drilling activity.

An industry spokesman declined to comment on the findings.

The researchers at the academy, the nation's oldest natural-science research center and a leader in stream biology, emphasized that their study was not looking at drilling accidents or other irregularities, but whether - and if so, at what point - drilling posed a potential for harm.

David Velinsky, vice president of the academy's Patrick Center for Environmental Research, said of the early findings: "This suggests there is indeed a threshold at which drilling - regardless of how it is practiced - will have a significant impact on an ecosystem."

A certain number of well pads in a given area "might be OK," he said. "Conversely, it may not be OK."

The intent of the research, he said, is "to try to find where that stands, to look at cumulative impacts across a gradient of drilling."' More>>>>

U.S. ends drilling ban in Gulf of Mexico

By Steve Gelsi, MarketWatch

"NEW YORK (MarketWatch) — Oil-service shares rose Tuesday as the U.S. formally ended the drilling moratorium in the Gulf of Mexico and laid out a new regulatory process that will affect roughly 36 rigs." More>>>>

Santa Fe Co. Resolution to Support EMNRD Ortiz Mountain Ranch Purchase

At the next Santa Fe County Board of County Commissions (BCC) meeting, Oct. 12 beginning at 2pm, a "Resolution Supporting The Proposal By New Mexico Energy, Minerals And Natural Resources Department To Purchase The Ortiz Mountain Ranch To Create A 12,142 Acre State Park (Commission)" is on the agenda. Agenda Link>>>>

Related posts:

No Plans for Mine on Ortiz Ranch

Mineral Rights Questions Crop Up at Meeting

Expansion of Cerrillos Hills State Park to be Nixed?

Governor Richardson Announces Plan to Expand Cerrillos Hills State Park and Establish a Wild Horse Sanctuary

La Bajada Mesa: "Gateway to Santa Fe"

Email:

"La Bajada Mesa & Escarpment--the spectacular scenic, cultural and historic landmark that spans across I-25 from the Cerrillos Hills to the Santa Fe River Basin--remains on the Most Endangered Places list*.

However, there is hope that a portion of it can be rescued from inappropriate development.

Santa Fe County has purchased 470 acres near La Cienega, an area previously known as Santa Fe Canyon Ranch, now La Bajada Ranch. Just how this land (that includes a large house) is to be "used", whether as Open Space or residential housing, a Park or developed as neighborhoods, is being determined. The Board of County Commissioner's decision will be based partly on a County Survey that will conclude this Friday.

La Bajada Mesa is the southern gateway to Santa Fe. There is a growing consensus that this land should be a protected viewscape. THE COMMISSIONERS NEED TO HEAR FROM THE COMMUNITY THAT SUCH A CONSENSUS EXISTS.

If you agree please personalize (if you wish) and paste the following into the on-line survey that asks "What do you feel are the most appropriate ways to use this land?" (Item #1):

This area should be protected as part of the "Gateway to Santa Fe". It is an important part of La Bajada Mesa a spectacular visual and historic landmark at entrance to Santa Fe. As part of the Rio Grande National Heritage Area it should be preserved, protected and used for Park oriented activities. This could include open space, trails, traditional farm/ranch activities, greenhouses, gardens, visitors center, events center, solar energy projects, tours and seminars.

The next page and a half of the Survey are simple multiple choice. We would strongly support #2 and other Park related items including #21.

Santa Fe Canyon Ranch Survey

http://www.surveysoftware.net/hostrp/glcap.htm

Ross,

for the RCA

---------

* Footnote: La Bajada Mesa & Escarpment are on the Most Endangered Places list of The NM Heritage Preservation Alliance 2003. Contains brief history & photos:

( http://www.nmheritage.org/endangered/2003.php?ID=72 )"

Energy, environment rules may roll back with new governor

Staci Matlock | The New Mexican
Posted: Thursday, October 07, 2010

"Neither of New Mexico's gubernatorial candidates — Democrat Diane Denish and Republican Susana Martinez — are likely to put environmental issues quite as high on their agenda as Gov. Bill Richardson.

They've already indicated they might overturn or weaken some environmental rules Richardson's administration has put in place, such as the pit rule for wastes from oil and gas production and the greenhouse gas emissions cap. " More>>>>

-

Flower Mound wins round in court in fight over gas drilling

By WENDY HUNDLEY / The Dallas Morning News
whundley@dallasnews.com

"A Denton County district court judge has dismissed a lawsuit filed by two residents against the town of Flower Mound over gas drilling.

State District Judge Margaret Barnes ruled Monday that the court lacked jurisdiction in this case, according to the town." More>>>>

Santa Fe County Special Sustainable Land Development Plan (SLDP) Work Session

Email:

"The Board of County Commissioners will hold a second BCC Work Session on the SLDP, Tuesday, October 5 at 8:30 a.m. in the County Commission Chambers located at 102 Grant Ave, Santa Fe, NM. The work session will allow the Board another opportunity to review and discuss staff recommendations and outstanding issues.

The Agenda and Board packet material for the workshop is available on the County website at the link below.

http://www.santafecounty.org/growth_management/revised_sustainable_land_development_plan_sldp

http://www.santafecounty.org/event_detail/1232

· SLDP Worksheet

· Public Comment and Final Evaluation and Recommendation Matrix

· SLDP Objectives by Chapter

· Public Comments

The SLDP Draft, past packet material, public comments, and staff recommendations are available at www.santafecounty.org by clicking the “Revised Sustainable Land Development Plan” link under Hot Topics.

For more information about the SLDP, contact Planning Manager Robert Griego, (505) 986-6215 or email rgriego@santafecounty.org."

This is not a public hearing, but the public is welcome to attend.

No Plans for Mine on Ortiz Ranch

By Jessica Dyer
Albuquerque Journal Staff Writer

"The property that Gov. Bill Richardson wants to buy for a state park and wild horse sanctuary is under lease for mineral resource exploration, but the mineral rights' owner said there are no current plans for mining.

Anne Russ said last week that her family owns the mineral rights to the 12,000 acres of land three miles south of Madrid known as the Ortiz Mountain Ranch and that the rights have been sublet to Santa Fe Gold for exploration.

The lease runs for another five years, but there are no current plans to mine, she added.

"We've just leased for exploration, but there really isn't anything concrete in the works," Russ said.

The property's mineral rights came up last week when New Mexico State Parks Director Dave Simon spoke to the Santa Fe County Commission about the proposal to buy the Ortiz Mountain Ranch land to expand the nearby Cerrillos Hills State Park — which sits on land owned primarily by the county — and to establish a wild horse sanctuary.

The governor's office last month announced the plan to use $2.8 million in federal stimulus funding for the purchase. Richardson said the investment would boost tourism while also creating jobs and providing recreation opportunities for the public."...

..."But, she wrote, "It is uncertain if these deposits will be mined in the near future, because of uncertainties in the economy, fulfilling regulatory requirements, and potential local opposition to mining."

Russ' grandfather purchased the Ortiz Land Grant in the 1940s but quickly sold the surface rights, she said.

Russ said her family leases the mineral rights at the Ortiz Mountain Ranch to Ortiz Mines Inc., which then sub-let them to Santa Fe Gold. Russ is the president of Ortiz Mines. Ortiz Mines had previously leased about 65,000 acres of mineral rights in the Galisteo Basin to Tecton Energy. But Tecton's plans to drill for oil and gas in the area never came to fruition after they faced intense local opposition." More>>>>