[et_pb_section fb_built=”1″ fullwidth=”on” admin_label=”Section” _builder_version=”4.16″ global_colors_info=”{}”][et_pb_fullwidth_image src=”https:\/\/westernlaw.org\/wp-content\/uploads\/2025\/11\/NM-Water-Page-Tile.png” alt=”n126 victory tile” title_text=”NM Water Page Tile” admin_label=”Fullwidth Image” _builder_version=”4.27.4″ hover_enabled=”0″ animation=”off” use_border_color=”off” border_color=”#ffffff” border_style=”solid” global_colors_info=”{}” sticky_enabled=”0″][\/et_pb_fullwidth_image][\/et_pb_section][et_pb_section fb_built=”1″ custom_padding_last_edited=”on|phone” admin_label=”Section” _builder_version=”4.16″ custom_padding_tablet=”” custom_padding_phone=”30px||40px|” transparent_background=”off” make_fullwidth=”off” use_custom_width=”off” width_unit=”on” global_colors_info=”{}”][et_pb_row custom_padding_last_edited=”on|desktop” admin_label=”Row” _builder_version=”4.16″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” custom_padding=”0px||0px|” custom_padding_tablet=”” custom_padding_phone=”” make_fullwidth=”off” use_custom_width=”off” width_unit=”on” global_colors_info=”{}”][et_pb_column type=”4_4″ _builder_version=”4.16″ custom_padding=”|||” global_colors_info=”{}” custom_padding__hover=”|||”][et_pb_text admin_label=”NM water text” _builder_version=”4.27.4″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” hover_enabled=”0″ use_border_color=”off” border_color=”#ffffff” border_style=”solid” global_colors_info=”{}” sticky_enabled=”0″]<\/p>\n
In arid New Mexico, protecting clean water is essential to communities, agriculture, industry, and the wild. We were crushed when the U.S. Supreme Court gutted the Clean Water Act, removing protections for up to 95% of New Mexico\u2019s waters with the stroke of a pen. But the power of the law\u2014state law\u2014is strong.<\/span>\u00a0<\/span><\/p>\n We took action, and with a coalition of partners and legislative champions, we worked around the clock to pass a law that restored the Clean Water Act protections slashed in the misguided Supreme Court decision. New Mexico\u2019s restored water protections will be immune from federal attacks, and we\u2019re working with the state to create the strongest program possible.<\/span>\u00a0<\/span><\/p>\n In the meantime, we participated in a state rulemaking to ban the discharge of treated fracking waste\u2014greenwashed as \u201cproduced water\u201d\u2014to New Mexico\u2019s rivers, streams, groundwater, and land. In 2021, Big Oil created 60 billion gallons of this toxic waste, containing radium, benzene, PFAS, mercury, and unknown toxic fracking chemicals.<\/span>\u00a0<\/span><\/p>\n Over the 18-month rulemaking, we presented thousands of pages of scientific evidence and expert testimony proving that the technology to treat this fracking waste to safe levels and at scale does not exist. Even an industry witness agreed that the technology \u201cisn\u2019t there yet,\u201d and the Water Quality Control Commission voted unanimously to ban the discharge of treated fracking waste in New Mexico.<\/span>\u00a0<\/span><\/p>\n Before the ink was dry on the rule, Big Oil came back to the commission with an extremely permissive, industry-written proposal to reverse the discharge ban. Alarmingly, Gov. Michelle Lujan Grisham and Environment Department Sec. James Kenney pulled strings to rig the commission\u2019s vote in favor of the industry\u2019s proposal.<\/span>\u00a0<\/span><\/p>\n In another unprecedented capitulation to Big Oil, Sec. Kenney forbade his Environment Department\u2014which proposed and argued persuasively in favor of the discharge ban\u2014from participating in Big Oil\u2019s rulemaking. This has never occurred in the 58-year history of the commission for a rule the Environment Department would administer.<\/span>\u00a0<\/span><\/p>\n We filed a motion to disqualify the commissioners the governor directed to vote yes on Big Oil\u2019s treated fracking waste discharge proposal as well as their votes to advance this disastrous rule. The commission voted to nullify its vote<\/a> to consider the industry-written oil and gas wastewater discharge rule. We do expect it to arise again, and we will fight this with everything we\u2019ve got, because contaminating New Mexico\u2019s water with fracking waste\u2014even \u201ctreated\u201d\u2014is unthinkably reckless.<\/span>\u00a0<\/span><\/p>\n <\/p>\n [\/et_pb_text][et_pb_text _builder_version=”4.27.4″ _module_preset=”default” hover_enabled=”0″ sticky_enabled=”0″ admin_label=”photo credit”]<\/p>\n Photo: Jim O’Donnell<\/em><\/p>\n [\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":" AGUA ES VIDA: VICTORIES AND CHALLENGES FOR CLEAN WATER IN NEW MEXICO In arid New Mexico, protecting clean water is essential to communities, agriculture, industry, and the wild. We were crushed when the U.S. Supreme Court gutted the Clean Water Act, removing protections for up to 95% of New Mexico\u2019s waters with the stroke of […]<\/p>\n","protected":false},"author":20,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":" 20120416164626-CP07-441-001.pdf<\/a><\/p> Summary of Recent Science-Climate Impacts of Natural Gas Production and LNG Export-Edition One FINAL-August 7 2014[1].pdf<\/a><\/p> JCPC DEIS Comments - FINAL.pdf<\/a><\/p> Petition for Rehearing - FINAL.pdf<\/a><\/p><\/div> In December 2011, the Federal Energy Regulatory Commission (FERC) approved a proposal for construction of a liquefied natural gas (LNG) terminal, known as the Jordan Cove project, near Coos Bay Oregon, and a natural gas pipeline, known as the Pacific Connector pipeline.<\/p> The pipeline would be more than 200 miles long, running from\u00a0the LNG terminal across privately and publicly owned lands in southern Oregon, and then\u00a0connect to existing lines that run north-south from British Columbia to California. Initially, the project was planned to allow for natural gas to be imported at the Jordan Cove terminal then piped to California and Nevada markets. But the project changed in September 2011 to export LNG from Canada and the US Rocky Mountain region to markets in Asia.<\/p> In this case, we represent a group of private landowners who own property within the pipeline right-of-way, and who have refused to give their permission to Pacific Connector<\/a> to destroy sensitive aquatic features on their properties. Our clients include farmers, timberland owners, ranchers, and homesteaders who have courageously stood up for their rights by fighting Pacific Connector\u2019s attempts to circumvent an important state law that protects the private property rights of all Oregonians. (Watch an interview<\/a> of rancher Bill Gow.)<\/p> In April 2012, FERC withdrew the approval due the fact that the project application was for an import facility though the project is now planned to export LNG. This was a victory, however, the fight is far from over as the developers have already restarted the application process.<\/p> We are focusing our efforts on stopping the pipeline, which would clear cut a straight corridor at least 50 feet wide across rivers and through national forests, impacting riparian reserves, old growth groves, and recreational trails<\/strong> (including a crossing of the Pacific Crest Trail). Endangered and threatened fish species such as Chinook salmon, coho salmon, chum salmon, steelhead, coastal cutthroat trout, pacific lamprey, river lamprey, and green sturgeon<\/strong> would all be impacted.\u2028 The ecological impacts have led the U.S. Fish and Wildlife Service, National Marine Fisheries Service, and Environmental Protection Agency to raise serious concerns over the projects.<\/p>