Sierra Club sues NM governor over building codes

Another suit against Governor Martinez?

By SUE MAJOR HOLMES - Jan 20, 2011 12:28 PM MT

By The Associated Press

"ALBUQUERQUE, N.M. (AP) — The Sierra Club has sued New Mexico Gov. Susana Martinez after she prevented the publication of building codes intended to promote energy-saving standards.

Shortly after the Republican governor took office Jan. 1, she issued an executive order suspending all pending and proposed regulations for 90 days while a task force reviews the measures.

The Sierra Club contends the new building codes will help residents and businesses reduce energy consumption by about 20 percent, and that everyone in the state will benefit from a reduced demand for energy that will cut power plant emissions and conserve resources." More>>>>

A related post:

NMELC Update: NM Supreme Court Arguments

Egolf tapped for energy panel in House committee shake-up

Steve Terrell | The New Mexican

"As part of the ripple effects of an unsuccessful effort to topple House Speaker Ben Luján, the Nambé legislator on Thursday appointed Santa Fe Rep. Brian Egolf, an avowed environmentalist and member of the progressive wing of the Democratic Party, as chairman of the House Energy and Natural Resources.

The move could mean trouble for legislative efforts to reverse environmental rules for the oil-and-gas industry.

However, Egolf, talking to reporters, said, "The most important thing here is to be fair and even-handed and let both sides have their say and see where the members put their votes. The chairman only has one vote on the committee. That's important to remember."

The committee is split evenly among Democrats and Republicans.

"I have never taken an anti-oil and anti-gas position," Egolf said. "I have taken what I thought were pretty common-sense positions that some — and I do mean some — people in the oil-and-gas industry have not liked. ... The responsible operators have no problems." ' More>>>>

NMELC Update: NM Supreme Court Arguments

From the New Mexico Environmental Law Center:

On January 11th, representing its client New Energy Economy, the New Mexico Environmental Law Center (NMELC) filed a petition with the New Mexico Supreme Court for a writ of mandamus to compel the Governor and other state offices to comply with existing law, and publish the greenhouse gas regulation in the State Register. On January 13th, representing its client Amigos Bravos, NMELC filed a second petition with the New Mexico Supreme Court for a writ of mandamus to require the printing of the adopted dairy discharge rules. Arguments Over Halt of Printing Carbon Cap and Dairy Discharge Rules Will be Heard Together The New Mexico Supreme Court will hear oral arguments on both petitions on Wednesday, January 26, 2011, at 9:00 a.m. in the Supreme Court courtroom in Santa Fe. Representing its clients, the NMELC will argue before the Court that the move to halt the printing of the adopted greenhouse gas cap rule and dairy discharge rule was illegal because the rules were properly adopted and the administration had no authority to block their publication. The hearing is open to the public. If you go, please arrive early as the court room is very small.

Your support makes it possible for us to represent the public interest in these critical battles. Donate today, and your gift will help us protect our state's environment and public health. Thank you! New Mexico Environmental Law Center nmelc@nmelc.org

New Mexico Polluter's Bill of Rights

(2011-01-13)

Listen Now:

"SANTA FE (KSFR) -

A Republican state senator has filed legislation seeking to review and possibly discard environmental rules and regulations. KSFR is reporting this first and has first reaction from State Sen. Peter Wirth of Santa Fe and from Sandy Buffett, executive director, New Mexico Conservation Voters. She calls it a "polluter's bill of rights."

The bill (SB 91) by State Sen. Clint Harden would call for all environmental rules to be the subject of public hearings on whether they harm business. If a hearing cannot be held within six months, the legislation would require that the rule be taken off the books entirely.

The issue comes up as the governor's administration looks to overturn carbon emissions caps on big industrial polluters.

© Copyright 2011, KSFR"

Agency Revokes Permit for Major Coal Mining Project

The New York Times
By JOHN M. BRODER
Published: January 13, 2011

"Ms. Keating said the decision was a milestone in the debate over mountaintop-removal coal mining. “Spruce No. 1 is the only individual permit to have undergone a full environmental impact statement,” she said. “The science completely validates what we have been saying for more than a decade: These types of mining operations are destroying our streams and forests and nearby residents’ health, and even driving entire communities to extinction.” More>>>>

Legal Action #2, NM Govenor Martinez

New Mexico Governor Martinez was inaugurated on New Years Day 2011. By the 13th of January 2011, the newly elected Governor has been a Respondent to two court petitions. To read about the first, see the following posts:

Lawsuit targets NM gov's actions on new rules follow-up

Lawsuit targets NM gov's actions on new rules

As for the second:
The New Mexican
Thursday, January 13, 2011

"The [New Mexico] Environmental Law Center on Thursday also filed a second petition that asks the New Mexico Supreme Court to order Martinez to allow the publication of new dairy regulations approved by the state Water Quality Control Commission. The law center is representing the Citizens Coalition in the case.

Dairy owners have said the new regulations, which seek to reduce surface water contamination from dairy operations, would be cumbersome and expensive." More>>>>

Lawsuit targets NM gov's actions on new rules follow-up

As a follow up to the post, Lawsuit targets NM gov's actions on new rules, in regards to the New Energy Economy petition and the subsequent New Mexico Supreme Court Writ of Mandamus:

NEW ENERGY ECONOMY, INC.,
v.
HON. SUSANA MARTINEZ, Governor of the State
of New Mexico, F. DAVID MARTIN, Secretary of the
New Mexico Environment Department, and SANDRA
JARAMILLO, New Mexico State Records Administrator,:

From the New Mexico Environmental Law Center website:

"NM Supreme Court will Hear NEE Petition

The New Mexico Supreme Court will hear New Energy Economy’s petition for Writ of Manadamus [sic] on Wednesday, January 26, 2011, at the hour of 9:00 am.

Get PDF of NM Supreme Court Order.

Posted by Juana Colon on 01/13/2011 • Permalink"

"Houston, we have a problem"

There has been a lot of discussion about the newly elected Governor's choice for the Secretary of New Mexico Energy, Minerals and Natural Resources Department, Harrison Schmitt former astronaut and U.S Senator, due to his extreme views. Below is an opinion piece from the Albuquerque Journal.

Wednesday, January 12, 2011
Harrison Schmitt: in His Words
By Thomas J. Cole
Journal Staff Writer


"Words matter. If they didn't, I wouldn't be writing this and you wouldn't be reading it.

So, today, let's visit the words of former astronaut and U.S. Sen. Harrison "Jack" Schmitt, who is Gov. Susana Martinez's pick to head the state Energy, Minerals and Natural Resources Department.

For more than a year, Schmitt has been posting his views on national and international issues on www. AmericasUncommonSense.com.

I suspect most of you will agree with some of what he has to say and disagree with other things. The man does have credentials: a doctorate in geology from Harvard and a bachelor's in science from Caltech. He walked on the moon.

As for me, I think Schmitt spent a little too much time in weightlessness. Then again, I may be a member of what he calls the "state-committed media," working with President Barack Obama "to control personal behavior and private sector decision-making."

In reviewing his comments, you might want to keep in mind that — if confirmed as secretary of the Energy, Minerals and Natural Resources Department — Schmitt will oversee state regulation of the production of most natural resources, including oil and natural gas.

He also will be in charge of programs related to the development of alternative energies, such as solar and wind, and supervise management of New Mexico's treasure of state parks.

Here are excerpts from Schmitt's website postings:

• On public lands: Conservation requires a balancing "of the liberties of individual citizens, the economic wellbeing of local communities and States, requirements for the 'common defence,' and the advance of conservation technologies. ...

"The Government violates constitutional equal protection most generally by restricting the land-related economic and recreational activities of residents of Western States when no comparable restrictions are possible in most Eastern States.

"(Federal) Wilderness and Monument designation for various western lands, establishment of private land buffer zones for endangered species, and regulatory and federal lawsuit roadblocks in the name of conservation also trample equal protection, as well as 5th Amendment's guarantee of due process in many cases."

• On energy: Congress should remove the "regulatory bottlenecks on nuclear power plant and refinery construction and on exploration and production from beneath public land and offshore waters. ...

"A major national security requirement for Congress is enactment of an accelerated program to encourage energy exploration and production from public lands or offshore water where economically and technically feasible. ...

"Our dependence on unstable foreign sources of oil has become one of our greatest national security vulnerabilities that only domestic production can solve in the next 50 years."

Schmitt also says loan guarantees to promote development of alternative energy sources are unconstitutional.

• On climate change: "Policy makers at the head of the government in the United States and in many States want to believe, and to have others believe, that human use of fossil fuels accelerates global warming.

"They pursue this quest in order to impose ever greater and clearly unconstitutional control on the economy and personal liberty in the name of a hypothetically omnipotent government.

"There exists no true concern ... about the true effects of climate change — only a poorly concealed, ideologically driven attempt to use conjured up threats of catastrophic consequences as a lever to gain authoritarian control of society."

• On work: The constitutional "protection of the right to work has been usurped by government requirements for minimum wages, union shops, payment of a prevailing wage, prohibition of even managed use of public lands and resources, moratoria on energy production, and many other unnecessary and politically motivated restrictions on earning a living."

• On the judiciary: Congress should interpret the Constitution and threaten to impeach any federal judge that disagrees.

• On health care: "One of the Obamacare legislation's most insidious Trojan Horses is the creation of a 'National Health Service Force,' including Ready Reserves, under the control of the President. President Obama has referred publicly to this Force as a 'national civilian security force' that is 'just as powerful, just as strong, just as well funded' as the U.S. military. ...

"The president's new 'force' conjures memories of nightmares that previously occurred in totalitarian States."

• On Social Security: "The requirement that Americans have Social Security Numbers to obtain certain government benefits and the broad use of that number as a means of commercial and personal identification violate the implicit right to privacy under the 9th Amendment" of the Constitution." (Schmitt favors allowing workers to opt out of Social Security for Retirement Security Accounts).

• On China: It "constitutes both a military and an economic threat to our freedom and the freedom of all democracies. Congress must begin to fight Cold War II."

• On Venezuela: "The Senate Conservative Leadership must move rapidly ... to provide clear messages to unfriendly nations, like Venezuela, that we will take concrete efforts to bring such nations back into the democratic fold."

• On illegal drugs: "People of good will should join in considering all options available to fight the unintended crime consequences of drug prohibition. Did the failure of alcohol prohibition in the 1920s, and the unintended consequence of stimulating organizing crime, teach us nothing?"

• On Obama: He "has shown repeatedly that the best interests of the American people are a lower priority than his ideological goals to change America from what it has been, to some mystical, socialist utopia with an energy-based standard of living equivalent to that of the late 1800s. ... Further, most of his senior formal and informal advisers have ties to anti-American radicalism."

• On the news media: "The state-committed media supports proposals to silence or regulate alternative media sources and broadband communications as well as generally limit the 1st Amendment's freedom of political speech." Also, the media and Congress are working to "demonize and unconstitutionally discriminate against ... education and personal achievement, marriage, and other Judeo-Christian values."

There is more on Schmitt's website about Israel, health care, education and the economy.

In one posting, he says a "philosophical wedge" has been driven between the government and its citizens, creating a divide that is wider than at any other time since just before the Civil War.

It seems to me that Schmitt has been doing some of the hammering on that wedge.

UpFront is a daily front-page news and opinion column. Thom Cole can be reached in Santa Fe at (505) 992-6280 or at tcole@abqjournal.com. "

Lawsuit targets NM gov's actions on new rules

by Susan Montoya Bryan, Associated Press
January 12, 2011

"ALBUQUERQUE — Gov. Susana Martinez's administration defended itself Wednesday against allegations that it circumvented the law when it put the brakes on the publication of numerous pending and proposed rules in the state register, including new regulations aimed at reducing greenhouse gas emissions across New Mexico.

The New Mexico Environmental Law Center claims in a lawsuit filed Tuesday with the state Supreme Court that the administration disregarded the law when it moved to halt the codification and printing of the greenhouse gas regulations, which were approved in December by state regulators and filed with the state records administrator. Without publication, the rules cannot become effective.

The law center petitioned the court on behalf of New Energy Economy, a nonprofit group that pushed for the greenhouse gas emissions cap. The center is asking the court to force Martinez and F. David Martin, whom she nominated to head the state Environment Department, to follow the law and have the regulations published.

Bruce Frederick, a staff attorney with the New Mexico Environmental Law Center, argues in the lawsuit that the emissions rules were adopted by the state Environmental Improvement Board and should not be considered as pending because they haven't been published in the register.

The lawsuit accuses Martinez, Martin and State Records Administrator Sandra Jaramillo of "several unconstitutional and otherwise unlawful actions."

"We are trying to uphold the rule of law and to ensure that the new governor and her staff follow it," Frederick said in a statement." More>>>>

Does this have the beginnings of the Governor Martinez legacy?

BP shares fall on Alaska pipeline shutdown

by Aude Lagorce, MarketWatch

"LONDON (MarketWatch) — Shares of BP PLC fell more than 2% on Monday following the shutdown of the Trans-Alaska Pipeline System after a leak was discovered at a pumping station. " More>>>>

Mora County group's water study provides first line of defense against 'fracking'

Staci Matlock | The New Mexican

"A group of residents opposed to drilling for natural gas in Mora County has completed a baseline water quality study of area domestic wells.

The data collected will allow them to track contamination from fluids used in natural gas drilling and production.

Kathleen Dudley, one of the founders of Drilling Mora County, said she thought Mora was the first county to complete baseline well testing. "We now have a defensible set of documents so that, if the industry was ever allowed to drill in the Las Vegas basin in Mora County, they would have to defend against their chemicals showing up in our water, because our water is testing clean from all hydraulic fracturing fluids."

The protocol for establishing baseline water quality in wells is now available from Drilling Mora County to any well owner or community water system in New Mexico.

The battery of tests used to analyze the water samples can be obtained from Hall Environmental Analysis Laboratory in Albuquerque. Called DMC-100, the analysis tests for methane gas, metals such as arsenic and organic chemicals associated with a natural-gas drilling process known as hydraulic fracturing, or "fracking." Andy Freeman, lab manager of Hall Environmental, said the cost of running the analysis ranges from $500 to $800 a sample.

A reason to sample More>>>>

With Feds Failing, Climate Change Action Goes Local

NJTODAY

Friday, January 7, 2011

Laura Paskus wrote the below piece for a national syndication service.

She said in an email, "Unfortunately between my deadline and press time, NM's new governor nominated a climate change skeptic to the head of the state Energy, Minerals and Natural Resources Department. She has also terminated all but one member of the state's Environmental Improvement Board--which passed the greenhouse gas emissions reductions rule mentioned in the commentary."

Opinion

By Laura Paskus

"In December, the nations of the world agreed once again to do nothing about climate change.

And just as the science of climate change is more clear than ever, so too, are the politics: Whether led by President George W. Bush or Barack Obama, the United States is thwarting meaningful action on climate change. As people around the world lose faith in the U.S. government, it’s long past time for individual Americans to think rationally—about both science and economics. It’s time to act with compassion toward those whose lives are already being affected by climate change."...

..."Most of the people I met in Cancún [during the United Nations climate talks in Cancún, Mexico] have already accepted that the U.S. government will never lead on climate change. But they still wonder why the American people fall for the histrionics of industry-funded climate change deniers when the science of climate change is clear. They are waiting for Americans to pay attention to the rising seas, the Amazon’s burning forests and the glaciers melting from mountains across the globe. They are waiting for citizens to demand that the United States become a responsible member of the international community.

But they’re not going to wait for long. That became painfully clear to me as I headed toward the airport with my fellow South African passenger.

“Everyone used to want to be like America,” she said. “I think that is not the case anymore.”' More>>>>

"Laura Paskus reported from COP 16 in Cancún as an Earth Journalism Network 2010 Climate Media Fellow. EJN is a project of Internews, an international media development organization. This is the project’s first year bringing U.S. journalists to the UN climate talks.Comment on this column at www.blueridgepress.com."

Related posts:

2 Environment Rules Halted in New Mexico

Ex-astronaut Schmitt gets energy post

Martinez halts environmental rules

NM governor removes environmental board members

2 Environment Rules Halted in New Mexico

The New York Times
by Felicity Barringer
January 6, 2010

"Acting on a campaign promise, New Mexico’s new Republican governor, Susana Martinez, has scuttled a state regulation requiring annual 3 percent cuts in greenhouse gas emissions.

A second environmental rule intended to control the discharge of waste from dairies in southern New Mexico was also dropped before publication. A different state rule that caps greenhouse gas emissions from stationary sources like power plants remains in effect for the time being."...

..."Governor Martinez, who received hundreds of thousands of dollars in campaign contributions from oil and gas interests, has also said that she does not believe that science has clearly established a link between climate change and human activity.

As if to emphasize that point, on Thursday she appointed the geologist and former astronaut Harrison Schmitt, another skeptic, as secretary of the state’s Energy, Minerals and Natural Resources Department.

The measure on cutting emissions by 3 percent was struck on Tuesday, when the governor’s office instructed a senior official at the state’s records center not to publish it in the next state register, to be issued on Jan. 14.

Because state regulations become final on publication, that rule, which was adopted in December by the state’s Environmental Improvement Board, now appears to have no force. Bruce Frederick, a lawyer for the New Mexico Environmental Law Center, called Governor Martinez’s action “underhanded” and “illegal,” adding: “It’s beyond the power of the governor. What she’s trying to do is change the result in a case after the judgment has been rendered.”' More>>>>

More Martinez Appointments

State of New Mexico

Office of the Governor

Susana Martinez

Governor

Contact: Scott Darnell

(505) 321-3943

For Immediate Release

January 7, 2011

GOVERNOR MARTINEZ ANNOUNCES TWO CABINET SECRETARY NOMINATIONS

Hale and Martin Nominated to Head Key Departments

SANTA TERESA – Governor Susana Martinez announced today that she has made two nominations to her cabinet – Col. Timothy Hale as Secretary of Veterans Affairs and F. David Martin as Secretary of the Environment.

After making the announcement, Governor Martinez stated, “I am pleased to announce that New Mexico will have two highly qualified public servants to head key cabinet posts. As a decorated Air Force veteran and an experienced engineer, Col. Hale and Mr. Martin have the expertise it takes to help move our state forward to a more prosperous and successful future.”

A decorated veteran, Col. Hale retired from the Air Force in August 2008. Among his many posts, he commanded the 486^th Expeditionary Operations Group during Operation Iraqi Freedom. He was also stationed overseas in Japan and Kuwait. Col. Hale currently heads Higher Calling Aviation, Inc., a corporation tasked with providing all levels of Federal Aviation Association-approved flight training in Central New Mexico. He holds a B.S. from St. Louis University in St. Louis, MO, an M.A. from Webster University in St. Louis, MO, and an M.S. from the National Defense University in Washington, D.C.

In response to his nomination, Col. Hale said, “I am honored that Governor Martinez has tasked me with making sure that New Mexico fulfills its commitment to the men and women who wore the military uniform. Our veterans put their lives on the line for their country and we owe it to them to provide the care and services they deserve.”

Martin has extensive experience as an engineer and currently serves as an Adjunct Associate Professor at the New Mexico Institute of Mining and Technology. In 1990, Martin was appointed by Governor Carruthers to coordinate policy between the state of New Mexico and the United States Department of Energy. He holds engineering degrees from both New Mexico Tech and Texas Tech.

Upon his nomination, Martin stated, “Without question, our state’s natural beauty must be kept intact for future generations. I look forward to working with Governor Martinez to implement common-sense policies that keep New Mexico beautiful and protect our environment while allowing for responsible development of our vast natural resources.”

###

Farmington council outlines legislative priorities

By Steve Lynn The Daily Times

"Councilman Jason Sandel asked that the lobbyist keep the city apprised on efforts by the Legislature to promote natural gas development.

Sandel also would support legislation barring counties and communities that prohibit oil and gas drilling from receiving tax revenue generated by the industry for projects, he said." Excerpt from article>>>>

Ex-astronaut Schmitt gets energy post

MSN Money

By BARRY MASSEY

"SANTA FE, N.M. (AP) - Former astronaut Harrison "Jack" Schmitt, who walked on the moon and served in the U.S. Senate, was nominated Thursday by Gov. Susana Martinez to run a state agency that oversees energy production in New Mexico."...

..."Martinez said one of Schmitt's first assignments is to review the energy agency's regulations, including rules adopted by former Gov. Bill Richardson's administration in 2008 that restrict the use of pits for onsite waste disposal at drilling sites. The oil industry has objected to the regulations, saying they partly to blame for a slowdown in drilling in New Mexico."...

..."Schmitt said New Mexico has been "ill served" by regulations during the Richardson administration, contending that jobs in the energy industry have moved to other states.

"Nature endowed New Mexico with an extraordinary abundance of natural resources ... and we do have an obligation, not only to the state but to its citizens, to make sure that those resources are properly employed not only for the creation of jobs but for the preservation of the legacy that they provide us for the future," Schmitt said. He will receive a salary of $105,000, down $3,000 from what the department secretary made during the Richardson administration.

The agency also manages state parks and administers forestry, mining reclamation and renewable energy programs.

Schmitt, who has a doctorate in geology from Harvard University, disagrees with scientists who contend humans are causing global warming.

In resigning from The Planetary Society in 2008, Schmitt wrote "the 'global warming scare' is being used as a political tool to increase government control over American lives, incomes and decision making."'...More>>>>

Question: What is Schmitt's ideology?

GOVERNOR MARTINEZ NOMINATES ASTRONAUT, FORMER SEN. HARRISON “JACK” SCHMITT AS ENERGY, MINERALS, AND NATURAL RESOURCES SECRETARY

State of New Mexico

Office of the Governor

Susana Martinez

Governor

Contact: Scott Darnell

(505) 321-3943

For Immediate Release

January 6, 2011

GOVERNOR MARTINEZ NOMINATES ASTRONAUT, FORMER SEN. HARRISON “JACK” SCHMITT AS ENERGY, MINERALS, AND NATURAL RESOURCES SECRETARY

SANTA FE – Governor Susana Martinez held a press conference in the Cabinet Room at the Capitol today to announce that she has nominated former astronaut and United States Senator Harrison “Jack” Schmitt to serve as secretary of the Energy, Minerals and Natural Resources Department. In addition to his tenure in elected office, Sen. Schmitt is also a decorated public servant, scientist, and businessman.

After announcing the nomination, Governor Martinez stated, “Senator Schmitt’s diverse background gives him a wealth of knowledge and experience that will be helpful in guiding the responsible development and protection of New Mexico’s diverse natural resources. Harnessing and developing energy sources right here in New Mexico is critical to reviving our economy and creating jobs.”

After receiving his Ph.D. from Harvard University in 1964, Schmitt earned his Air Force jet pilot wings in 1965 and Navy helicopter pilot wings in 1967. He was selected for NASA’s Scientist-Astronaut program in 1965. He served as Mission Scientist in support of the Apollo 11 mission and flew in space as part of the Apollo 17 mission. Schmitt landed on the Moon on December 11, 1972. After his career at NASA, Schmitt was elected to the United States Senate in 1976 and served in office for six years as a member of the Commerce, Banking, Appropriations, Intelligence, and Ethics Committees. Sen. Schmitt received his B.A. from Caltech and has received numerous awards and recognitions for his public service and work as a scientist.

In response to his nomination, Sen. Schmitt said, “I am proud to continue my career of public service as secretary of the Energy, Minerals, and Natural Resources Department under Governor Martinez. I look forward to working with the Governor to enhance New Mexico’s potential to be a leader in energy and natural resource development.”

###

Martinez halts environmental rules

The Daily Times
By Susan Montoya Bryan The Associated Press

"ALBUQUERQUE — Gov. Susana Martinez's administration is making good on campaign promises to drop new regulations aimed at curbing greenhouse gas emissions as well as other controversial rules passed in the waning days of the previous administration.

Officials at the state Environment Department have requested to keep the greenhouse gas reduction rules, as well as new pollution-control measures aimed at the dairy industry, from being published in upcoming editions of the Register.

Without publication, the rules will not take effect.

John Martinez, director of the state Administrative Law Division at the state records center, confirmed Wednesday he had received the request and that the rules would not be published.

The move was welcomed by Farmington Mayor Tommy Roberts. The city of Farmington has launched a lawsuit seeking to halt the regulations.

"The effort to enact regulations was politically motivated," Roberts said Wednesday. "I think there was disregard for the impact of the regulations on business in New Mexico."

The move is being criticized by environmental groups and lawyers who spent the past two years debating the merits of the rules before the state Environmental Improvement Board and the Water Quality Control Commission. Both panels endured days of public and expert testimony and had to review thousands of pages of documents before making their decisions.

The critics contend the administration is circumventing the law.

"In order to change an existing rule you have to go through the same process that you went through to adopt the rule. (Martinez) is trying to short circuit the process. She's trying to be above the law," said Bruce Frederick, an attorney with the New Mexico Environmental Law Center, which represented the nonprofit group New Energy Economy in its petition before the EIB for the greenhouse gas regulations.

Mike Eisenfeld, New Mexico energy coordinator for San Juan Citizens Alliance, said Martinez's action will only extend Northwest New Mexico's reliance on fossil fuels such as coal, a prospect he called "problematic."

"It appears that she's already creating a divisive situation, and some of the regulations that are in place are necessary," he said. "I understand that this is a political decision on her part, but I think it creates a lot of animosity." More>>>>

Treatment plant ordered to stop accepting Marcellus Shale water

Greenwire

"Regulators are cracking down on a Marcellus Shale natural gas driller after finding out that truckloads of the company's wastewater had been improperly sent to the Delaware watershed.

The Delaware River Basin Commission ordered wastewater treatment center PSC Environmental Services LLC to stop accepting fluids from Cabot Oil & Gas Co. because the company sent 1.8 million gallons of wastewater to a Pennsylvania township. Much of the liquid, which was largely contaminated water from the hydraulic fracturing process, was discharged into Neshaminy Creek without being purified." More>>>>

Powell puts brakes on certain NM land leases

Associated Press - January 5, 2011

NewsWest 9

"ALBUQUERQUE, N.M. (AP) - New Mexico Land Commissioner Ray Powell has issued a moratorium on certain leases for state lands while his office conducts a review.

The move was announced Tuesday, Powell's second day on the job.

Powell says the rule that governs planning and development leases is being reviewed and that no leases will be issued until the review is finished and local communities have an opportunity to weigh in." More>>>>

NM governor removes environmental board members

By SUSAN MONTOYA BRYAN - Jan 5, 2011

By The Associated Press
Bloomberg

"ALBUQUERQUE, N.M. (AP) — New Mexico Gov. Susana Martinez on Tuesday took aim at the controversial Environmental Improvement Board, announcing that she was removing all members over concerns about the board's approval in recent months of what she considers "antibusiness" policies.

The board — made up of members appointed by former Gov. Bill Richardson — was at the center of a heated debate last year over whether New Mexico should regulate greenhouse gas emissions. The board ultimately decided to approve two proposals — one from an environmental group that aimed to limit the emissions of the state's largest polluters and another from the state Environment Department that called for a regional cap-and-trade program.

Supporters argue the board went through an exhaustive public process before approving the regulations, but Martinez's office contends the board moved forward with the regulations after state lawmakers rejected similar efforts during the legislative process.

Martinez said in a statement that New Mexico has been hurt by policies that discourage economic development and result in businesses fleeing the state." More>>>>

'Fracking' Pollution In Water: Pennsylvania Allows Natural Gas Drilling Waste Disposal In Waterways

huffingtonpost.com
David B. Caruso

"The natural gas boom gripping parts of the U.S. has a nasty byproduct: wastewater so salty, and so polluted with metals like barium and strontium, that most states require drillers to get rid of the stuff by injecting it down shafts thousands of feet deep.

Not in Pennsylvania, one of the states at the center of the gas rush.

There, the liquid that gushes from gas wells is only partially treated for substances that could be environmentally harmful, then dumped into rivers and streams from which communities get their drinking water.

In the two years since the frenzy of activity began in the vast underground rock formation known as the Marcellus Shale, Pennsylvania has been the only state allowing waterways to serve as the primary disposal place for the huge amounts of wastewater produced by a drilling technique called hydraulic fracturing, or fracking.

State regulators, initially caught flat-footed, tightened the rules this year for any new water treatment plants but allowed any existing operations to continue discharging water into rivers.

At least 3.6 million barrels of the waste were sent to treatment plants that empty into rivers during the 12 months ending June 30, according to state records. That is enough to cover a square mile with more than 8 1/2 inches of brine.

Researchers are still trying to figure out whether Pennsylvania's river discharges, at their current levels, are dangerous to humans or wildlife. Several studies are under way, some under the auspices of the Environmental Protection Agency.

State officials, energy companies and the operators of treatment plants insist that with the right safeguards in place, the practice poses little or no risk to the environment or to the hundreds of thousands of people who rely on those rivers for drinking water.

But an Associated Press review found that Pennsylvania's efforts to minimize, control and track wastewater discharges from the Marcellus Shale have sometimes failed." More>>>>

BLM lifts holds on disputed Mont. leases

eenews.net
Phil Taylor, E&E reporter

"In a move that suggests the Bureau of Land Management will not force mandatory reductions of oil-field greenhouse gas emissions, the agency last week lifted suspensions on most of the 61 oil and gas leases it halted last year as part of a legal settlement with environmental groups.

The 53 affected leases were issued in 2008 but suspended last March under an agreement with environmental groups seeking to force the agency to require oil and gas operators to reduce greenhouse gas emissions. The other eight of the original 61 leases were terminated in the meantime, BLM said.

"There was no significant impact to the environment or other resource from lifting the suspended leases," said BLM spokeswoman Mary Apple.

Bans were dropped on about 25,000 acres of leases, with 6,667 acres left under suspension while BLM explores possible impacts to sage grouse and Yellowstone cutthroat trout -- but not climate change impacts, the agency said.

BLM in August released eight environmental assessments (EAs) and a separate report detailing the likely greenhouse gas emissions from oil and gas drilling on public lands in Montana and the Dakotas." More>>>>

BLM response letter>>>>

GOP may use Congressional Review Act to target EPA regs -- Upton

eenews.net
Jean Chemnick, E&E reporter

"Stopping U.S. EPA's regulation of carbon dioxide under the Clean Air Act will be a top priority of the Republican-controlled House, the incoming chairman of the Energy and Commerce Committee said yesterday.

Michigan Republican Fred Upton told Fox News that his party might use the Congressional Review Act to strike down greenhouse gas regulations that went into effect yesterday and take steps to head off other regulations the agency might have in the pipeline.

EPA phased in permitting requirements for certain large emitters of GHGs when they bring a new facility online or make certain upgrades to existing facilities." More>>>>

NM Governor Martinez: EXECUTIVE ORDER 2011-001

Posting Executive Order 2011-001 for reference:

EXECUTIVE ORDER 2011-001

FORMATION OF A SMALL BUSINESS-FRIENDLY TASK FORCE;

ESTABLISHING A 90-DAY REVIEW PERIOD FOR ALL PROPOSED AND PENDING RULES AND REGULATIONS

WHEREAS, New Mexico’s citizens, their government, and all persons doing business in this State have a mutual interest in the proper administration of government and business, requiring common sense administrative rules and regulations that are comprehensible, reasonable, consistent, predictable, responsive, and without undue redundancy;

WHEREAS, one of the priorities of the Governor of New Mexico is establishing a common sense approach to executive rules and regulations, in accordance with the constitutional authority to direct the departments and agencies of the State of New Mexico, by establishing a “Small Business-Friendly Task Force” chaired by the Secretary of Economic Development;

WHEREAS, most proposed and pending rules and regulations can be temporarily suspended without detriment to the health or welfare of the citizens of New Mexico;

WHEREAS, ninety days is a reasonable time to review such proposed and pending rules and regulations, to examine them from various perspectives as to their workability, reasonableness, and determine whether they are proper and necessary;

WHEREAS, such an effort is timely given current unemployment levels and state budget difficulties, in order to create economic opportunity for each and every New Mexican, while protecting and preserving the health, safety and welfare of our community.

THEREFORE, I, Susana Martinez, Governor of the State of New Mexico, by the authority vested in me by the Constitution of the State of New Mexico and by its statutes, do hereby ORDER and DIRECT:

1. All proposed and pending rules and regulations, excluding those not under the authority of the Governor, are suspended for a period of review of 90 days unless excepted as set forth below.

2. Proposed and pending regulations shall not be suspended if doing so would:

a. Adversely impact public health;

b. Adversely impact public safety or security;

c. Fail to comply with a judicial order or deadline;

d. Prevent the respective department or agency from carrying out its essential functions and duties; or

e. Prevent qualification for any federal funds or certifications.

3. Each department or agency shall submit to the Office of the Governor a comprehensive listing of proposed and pending rules and regulations, for review not later than January 14, 2011.

4. Any proposed or pending rules and regulations to which this Order applies and the department or agency believes should be treated as an exception pursuant to paragraph 2, shall be separately identified as such, with a statement as to the basis for the exception and how it applies.

5. The Office of the Governor may, with the advice of the head of the department or agency affected, determine whether any rule or regulation initially excepted under paragraph 2 shall remain excepted. The Office of the Governor may, with the advice of the head of the department or agency affected, determine whether any rule or regulation not initially excepted under paragraph 2 shall also be excepted.

6. Each department and agency shall also review all of its existing rules and regulations with a view to enhancing the purpose of this Task Force, and no later than January 31, 2011, identify to the Secretary of Economic Development each rule or regulation, the rescinding or revision of which could significantly enhance the business environment in New Mexico through economic development and employment growth.

7. The Task Force shall, at a minimum, consist of the Secretaries of Taxation and Revenue, Workforce Solutions, General Services, and others whom the Governor may designate.

8. The Task Force shall make a report to the Governor no later than 90 days from the effective date of this order, and shall continue, as needed, to make specific legislative and regulatory recommendations to achieve economic growth and stability in New Mexico.

9. This Order does not create any legal rights on the part of any person or entity and shall not be a basis for a challenge to rules or regulations or any other action or inaction by any New Mexico governmental department or agency.

THIS ORDER supersedes any other previous orders, proclamations, or directives to the extent they are in conflict. This Executive Order shall take effect immediately.