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JANUARY/FEBRUARY 2021 NEW MEXICO 2021: ISSUES TO WATCH RESILIENCE, RESISTANCE & RECOVERY: VISIONS FOR TRANSFORMATIVE CHANGE TOP-10 ENVIRONMENTAL ISSUES • VOICES FROM N.M.’s SOCIAL JUSTICE MOVEMENT VOLUME 13 NUMBER 1 GREENFIRETIMES.COM
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GREEN FIRE TIMES
News & Views from the Sustainable Southwest
CONTENTS
VISIONS FOR TRANSFORMATIVE CHANGE
THE COURAGE TO CHANGE – YUCCA (YOUTH UNITED FOR CLIMATE CRISIS ACTION) / 4
THE N.M. ENVIRONMENTAL LAW CENTER’S TOP-10 ISSUES TO WATCH IN 2021 – NMELC STAFF / 7
OP-ED: GLENN SCHIFFBAUER – 2021 RESOLUTIONS FOR NEW MEXICO TO REBUILD BETTER / 12
OP-ED: MICHAEL JENSEN – MOVING ENERGY TRANSITION FORWARD IN 2021 / 13
NEW YEAR, NEW PRIORITIES – MAYOR ALAN WEBBER / 16
CHASING THE ELUSIVE – EXPLORATIONS IN ACHIEVING SUSTAINABILITY: LESSONS WE CAN LEARN FROM 2020 TO CREATE A BETTER 2021
– KATHERINE MORTIMER / 17
GREEN RECOVERY
WATER TRANSFERS RELATED TO NEW MEXICO’S FOOD SUPPLY – RALPH VIGIL / 18
THE POWER OF PLACE – WARREN MONTOYA AND JACLYN ROESSEL / 19
THE CALL TO REVITALIZE REGIONAL-SCALE INDIGENOUS LAND MANAGEMENT PRACTICES – LYLA JUNE JOHNSTON / 21
ANOTHER WORLD IS POSSIBLE – YVONNE SANDOVAL / 22
NOEL ¡PRESENTE! A TRIBUTE TO NOEL MARQUEZ / 24
RESTORATIVE JUSTICE
BRIDGING NEW MEXICO’S CULTURAL DIVIDE – ANDREW LOVATO / 25
OP-ED: ELENA ORTIZ – THE SOLUTIONS AND ANSWERS WE SEEK EXIST WITH WE, THE PEOPLE / 26
OP-ED: SELINDA GUERRERO – “NEVER BE AFRAID TO DO WHAT IS RIGHT” / 28
OP-ED: MARY ANN MAESTAS – YOUTH AND COMMUNITY POWER / 29
OP-ED: MIGUEL ANGEL ACOSTA – SOLIDARITY, NOT CHARITY / 30
OP-ED: ANDREA SERRANO – WE ORGANIZE LOCALLY TO RESIST NATIONALLY / 32
OP-ED: MICHAEL ANDRES SANTILLANES – SANTA FE DREAMERS PROJECT / 34
OP-ED: ADRIEN LAWYER – SAFETY AND ACCESS FOR TRANSGENDER PEOPLE / 35
OP-ED: DR. VIRGINIA NECOCHEA – THE SANTOLINA SAGA CONTINUES / 36
NEWSBITES / 6, 11, 13, 14, 19, 22, 30, 35, 36, 37
WHAT’S GOING ON / 39
COVER: LA TIERRA, © NOEL V. MARQUEZ, ARTESIA, N.M. 1997. 6’X18’ ACRYLIC ON CANVAS. “A DICHOTOMY BETWEEN THE
SACRED AND THE DESECRATED–RESPECT OUR MOTHER.” PLEASE SEE A TRIBUTE TO NOEL MARQUEZ ON PAGE 24.
RESILIENCE, RESISTANCE & RECOVERY
VISIONS FOR TRANSFORMATIVE CHANGE
Earth Care is honored to partner with Green Fire Times to bring
you the 129th issue of this critical publication. This is the
fourth year we have co-curated the January issue to provide
a platform for some of the amazing voices, struggles and
strategies of our region’s social and environmental justice
movements.
2021 can be the beginning of a new era, but only if we keep
up the pressure and demand transformative change. We are
being called to reimagine and restructure the way we relate to
our Earth Mother, to one another, our health and our economy.
We are being called to reckon honestly with our past and build
a better future together. We invited writers to share lessons in
resilience, resistance and visions for transformative recovery.
Enjoy!
MIGUEL ANGEL ACOSTA,
MARY ANN MAESTAS, BIANCA SOPOCI-BELKNAP El Rancho de las Golandrinas, La Cienega, N.M.
SANTA FE, NEW MEXICO © Seth Roffman
GREENFIRETIMES.COM 3
VISIONS FOR TRANSFORMATIVE CHANGE
The Courage to Change
BY YUCCA (YOUTH UNITED FOR CLIMATE CRISIS ACTION)
What if we told you: You have nine years to live? What would you do? Would you
march on with your daily routine? With your same attitude toward life? With your
same priorities? Or would you have the courage to be impacted by this prognosis
and change the way you live? In 2020 the world’s leading scientists issued a warning
in the United Nations’ International Panel on Climate Change’s Fifth Assessment
Report (AR5). The researchers found that “human-caused” carbon dioxide emissions
need to be cut by nearly half of 2010 levels by 2030 to stave off the worst effects of
climate change.
Scientists have given “Worst effects of climate change?” It’s
hard to imagine what those might be.
us a prognosis and a Worse than the species die-off we are
already seeing (as many as 200 species
of plants and animals, with one million
timeline. Our climate species threatened with extinction per day,
according to the comprehensive report
deadline is now just on biodiversity)1 Worse than birds liter-
ally falling from the sky? Worse than the
nine years. catastrophic wildfires that ravaged the West
Coast this summer—displacing thousands
of people, destroying ancient old-growth
forest ecosystems and decimating wildlife populations? Worse than the devastating
superstorms and floods that destroyed communities in the South—costing millions
in damages?
2021 is an opportunity for us Scientists have given us a
prognosis and a timeline.
“Rapid, far-reaching and
to move forward with courage. unprecedented changes in
all aspects of society” are
required to limit the pos-
sibility of irreversible environmental damage. Global temperatures have already risen
an average of 1 degree Celsius (about 1.8 degrees Fahrenheit) above levels before the
Industrial Age. If we continue along our current path in spite of the warnings, the
world is on track to warm by 1.5 degrees Celsius as early as 2030. An additional half-
a-degree warmer might not seem significant. But scientists warn that further warming
will cause positive feedback loops that will lead to ecosystem collapse—acidification
of the oceans, die-off of forests, melting of the Arctic, and drought and desertifica-
tion that will lead to massive food shortages.
Rising temperatures and drought will lead to massive water shortages. Already,
according to the World’s Resources Institute, because of rising temperatures and
prolonged drought, New Mexico faces the same degree of water stress as the United
Arab Emirates—the 10th most water-stressed country in the world.2 And studies
show that New Mexico is warming at faster rates than the global average tempera-
ture rise.3 Our rivers already run dry. Our forests are already diseased and dying. Our
home is already threatened. What will we do?
Remember back—just one year ago—to January 2020, when COVID-19 seemed
like a faraway threat in some far-away place. The idea of having to wait in food lines
curving around grocery store parking lots seemed an impossibility. Think back to
the normalcy we all experienced—the everyday hustle and bustle of modern day
capitalism. Even with all of its ethical contradictions, things were moving along on
a regularly charted path. Now breathe in the sweeping changes the coronavirus has
forced upon us— changes and losses we have had to accept in just over 10 months.
The loss of life. Isolation and social distancing. Changing our daily habits and rou-
tines to prioritize health and safety in ways we never imagined. All social gatherings
1 Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES) - HTTPS://WWW.IPBES.NET/NEWS/MEDIA-RELEASE-GLOBAL-ASSESSMENT
2 World Resources Institute, 2019 - HTTPS://WWW.WRI.ORG/PUBLICATION/AQUEDUCT-30
3 HTTPS://WWW.UCSUSA.ORG/SITES/DEFAULT/FILES/ATTACH/2016/04/CLIMATE-CHANGE-NEW-MEXICO-FACT-SHEET.PDF
4 GREENFIRETIMES.COM JANUARY/FEBRUARY 2021
New Mexico faces the and interactions now virtual. The
outdoors as a place of refuge. Mas-
same degree of water sive deployments of resources, new
protocols and huge demands placed
on our healthcare system, grassroots
stress as the United networks of mutual aid and massive
government spending packages.
Arab Emirates. We are capable of change. We are
capable of courage. Our hearts
may often feel like they are going
to explode, but together we are capable of facing loss, of moving through grief,
of resilience and of healing. 2021 is an opportunity for us to move forward with
courage.
Our climate deadline is now just nine years. But change is in motion. The political
landscape is shifting. Thanks to the hard work of organizers and voters through-
out the country we have a new administration that we must push to create trans-
formative policies. The cultural landscape is shifting too, thanks to the tireless
struggle of intersectional social movements for racial-, economic-, environmental-,
gender- and immigration justice and decolonization. We have the opportunity to
reckon honestly with our country’s continuing history of colonization and sys-
temic oppression and to face the reality that we need a radical re-creation of our
society’s economic, social and political systems.
So as we work to address the climate emergency, we need to not only restructure
our energy systems but our entire society. We have the courage to do so. We be-
lieve you do too. ¢
YUCCA is a youth organization of Earth Care (WWW.EARTHCARENM.ORG) led by steering
committee members Artemisio Romero y Carver, Seneca Johnson, Yang Toledo, Castille Aguilar,
Miya Chávez, Emma Lawrence, Aviva Nathan and Anjamora Mato.
Images, pg. 4
Top: Coldsnap 2020. We grieve their loss. ©Bianca Sopoci-Belknap
Center: Miya Chávez and Artemisio Romero y Carver with “produced water” at the state capitol
© Seth Roffman
Bottom: Youth deliver demands to the governor. YUCCA, 2020
Images, pg. 5
Climate Emergency guillotine action at the Roundhouse, 2020
Ruby López and Artemisio Romero y Carver at Albuquerque Climate Strike
Painting by Yang Toledo (YUCCA)
GREENFIRETIMES.COM 5
YUCCA CALLS ON OUR LEADERS CLIMATE STORIES FROM NEW MEXICO
FOR COURAGEOUS ACTION IN THE 2021 N.M. LEGISLATIVE SESSION
2019 and 2020 have been among the warmest years on record.
1. Policies that end dependence on fossil fuel Manmade greenhouse gases may have already warmed the
extraction and create actionable
plans to transition our economy. planet by 18 percent more than predicted. Swedish climate ac-
tivist Greta Thunberg has said, “You can’t have climate justice
• We need an economic transition plan. New Mexico produces more than twice without social justice. The climate crisis is just one symptom
the national average of greenhouse gas emissions per capita. This is largely the of a much larger crisis, including the loss of biodiversity, the
result of our greenhouse gas-intensive oil and gas industry. Given that oil and gas loss of fertile soil, but also including inequality and threats to
revenues comprise more than a third of the state’s budget, we need a divestment
and diversification plan. democracy. These are symptoms that we are not living sustain-
ably—that we have reached the end of the road.”
• “Just transition” policies must have real science-based timelines and accountability
measures to make sure our government is responding to the crisis, not industry’s The Land Witness Project seeks to show what is at stake for New
demands, and being equitable and inclusive of communities most directly im- Mexico’s lands, people and communities as the climate chang-
pacted—frontline Indigenous and people of color communities, youth, displaced
workers, etc. es. Stories recorded by farmers, ranchers, conservationists, sci-
entists, outdoor-recreation professionals, business owners and
• We’ve been working with national partners on an Energy Justice Scorecard that land managers—from Mesilla Park to Española, Jémez Springs
sets evaluative criteria for policy initiatives to assess if they are truly equitable and to Hatch, Albuquerque’s South Valley to Mosquero—are about
justice—both in terms of the process and the policy itself. We will assess the bills families and traditions, doubt and worry, land and water, and
just proposed this session with that yardstick. We will support efforts that create
opportunities for economic development and community wealth creation—things love and commitment. Everyone has special ties to their par-
like legalizing cannabis, a public bank, etc. ticular region. Their stories underscore impacts on agriculture
and local food systems, individual, community and ecosystem
2. Policies that keep fossil fuels in the ground health, economic well-being and environmental racism experi-
enced by low-income and Indigenous communities.
• We support a fracking moratorium, but we’re not expecting that to move this year. The series is being created by 350 New Mexico, with support
Still, we will be reminding lawmakers that that’s the kind of bold action they need
to be working toward. from groups working to build climate resilience.
HTTPS://WWW.LANDWITNESSPROJECT.COM.
• In the meantime, we are looking at policies that will slow production and, most
importantly, will end the subsidization of the fossil-fuel industry at the public’s
expense. Things like the extremely low bonding rate in New Mexico, which places GREENHOUSE GAS INVENTORY INFORMS
almost 100 percent of the burden of cleanup on New Mexicans and allows the
cost of oil production to be artificially low. (We really appreciate the State Land ALBUQUERQUE CLIMATE EFFORTS
Office’s recent move to stop allowing fresh water from state lands to be used by
the oil and gas industry). As Albuquerque looks to the next several years of an effort
to take quick action to lessen the city’s contribution to climate
• Produced Water Act Amendments—Any use of produced water on roads, change and prepare for future impacts, greenhouse gas (GHG)
farmlands, or any location outsideof the oil field should be strictly prohibited. emissions data will be key to setting priorities and tracking
Spills and leaks should be illegal. The costs of toxic, radio active waste should
have to be internalized by the industry. Radioactive waste should be considered progress. Last month the city released a GHG inventory to set
toxic waste with the same protections against contamination. a baseline understanding of where the emissions come from
and the amount produced. The report provides a snapshot of
• The Green Amendment will also help our communities hold polluters account- trends between 2008 and 2017. Data was prepared following
able, even when our state fails to. the Global Protocol for Community Scale Greenhouse Gas
3. Policies that promote renewable energy Emission Inventories using the City Inventory Reporting and
Information System tool.
• Community solar to increase solar access, equity, and generate local economic
development In 2017, the city produced 5,809,351 metric tons of CO2
equivalent, which resulted in an average of 10.37 metric
• Local Choice Energy to end the monopoly utility structure and allow communi-
ties to own, control and benefit from renewable energy development tons of CO2 produced by each resident for that year. Major
contributors include on-road transportation (33%), commer-
4. Policies that expand democracy and justice cial and institutional buildings (26%) and residential buildings
(25%). Action by many stakeholders at all levels of impact will
• 16Vote initiative to enable our peers to vote on the issues that impact our lives. be necessary to create a downward trajectory in the city’s
Especially with climate change, we are going to be inheriting the consequences of
all of the decisions made right now. We need to be at the table. total emissions.
• We are adding our support to a number of efforts led by our social justice part- “From food insecurity to clean water, breathing-related aller-
ners—like addressing excessive force and qualified immunity, the Health Security gies and energy crises, climate change will bring major disrup-
Act, a living wage, paid sick leave, reproductive justice etc. tions to Albuquerque’s quality of life,” said Mayor Tim Keller.
Gov. Michelle Lujan Grisham was recently quoted as saying, “We are dead-set against allow- With even the modest increase of one degree Celsius over
ing climate change to bring about the next public health crisis.” We plan to hold her and the 2019, there has been a large increase in wildfires, leading to
2021 New Mexico Legislature to that promise. respiratory health effects. Experts are concerned that contin-
ued temperature increases will result in reduced snowpack—
To join our climate emergency campaign, visit WWW.YUCCANM.ORG. creating strains on surface water availability, as well as a rise
in summer temperatures and haze from ground-level ozone.
Albuquerque had a couple of ozone alerts last summer.
6 GREENFIRETIMES.COM JANUARY/FEBRUARY 2021
THE NEW MEXICO ENVIRONMENTAL LAW
CENTER’S TOP-10 ISSUES TO WATCH IN 2021
BY NMELC STAFF
For the last three years, this annual article has focused on the gutting of environmental safe- equity. The entire environmental movement needs to analyze how
guards by the Trump administration. This year we focus on the glimmers of hope on the national it upholds structures that perpetuate environmental racism. It is
and state level for protecting our environment, especially frontline communities whose health is long overdue for environmental justice principles to transform
impacted by continued contamination of air, water and land. We must continue to demand that the environmental movement, where people matter and the places
regulating agencies hold industry and polluters accountable to clean up contaminated lands and where people live and work matter as much as endangered species,
water, and strive to prevent pollution in the first place. Here are what we consider to be some of national forests and parks. As civil rights leader Benjamin Chaves
the most important environmental issues for 2021. said, environmental racism is the “deliberate targeting of com-
munities of color for toxic waste facilities, the official sanctioning
of the life-threatening presence of
poisons and pollutants in our com-
munities and the history of excluding
people of color from leadership of
the ecology movements.” We must
name environmental racism when we
see it. We must also recognize that
tribal nations are sovereign nations,
and work to hold our state and
federal governments accountable to
recognize the requirement of govern-
ment-to-government collaboration
and the necessity of free, prior and
informed consent of tribal nations
before taking any action that impacts
tribal land or resources.
3. Our Work Is Not Done
Now that Biden Is In
We know that the incoming admin-
istration has pledged to roll back
the egregious deregulations rammed
through by the Trump administra-
tion. But we also recognize that envi-
L-R: NMELC staff attorney Eric Jantz, MASE coordinator Susan
Gordon, Terracita Keyanna, U.S. Sen. Ben Ray Lujan, Peterson Bell,
Edith Hood.
1. We Must Center the Voices of Frontline Communities
Now more than ever, the U.S. must face its history of being found-
ed upon the genocide, colonization and continued oppression of
Black, Indigenous and People of Color (BIPOC) communities. We
must acknowledge the lasting and disproportionate impacts of un-
fettered capitalism and white supremacy on the health, culture and
lands of communities of color. It is vital that we center the voices
of those who are on the frontlines of environmental injustice. That
means centering the voices of low-income and BIPOC commu-
nities whose literal bodies have borne the brunt of environmental
racism. We must strive to align ourselves with the Jemez Principles
of Democratic Organizing and to center the voices and experiences
of our clients whose neighborhoods are most impacted by pollut-
ing industry.
2. We Must Name Environmental Racism
We must acknowledge that the environmental movement in the
United States has been plagued by a lack of diversity and a lack of
Landfill at Sunland Park, a community 96 percent Hispanic/Latinx—a prime example of intentional siting of
toxic waste and polluting industry in low-income communities.
GREENFIRETIMES.COM 7
While we are hopeful that the
incoming administration will
help protect rather than harm
the environment, we will con-
tinue to push elected officials to
hold industry accountable and
change systems that perpetuate
injustice.
ronmental justice issues persist across administrations at every level of government. for state, federal and tribal governments to address. Long-term exposure to and
Regardless of the administration in power and of political party, we must work to high concentrations of uranium can cause severe and deadly health impacts
hold elected officials and decision-makers accountable to environmental protections including kidney failure. The state needs to create long-term and emergen-
and especially to frontline communities most impacted by environmental racism. cy plans to address nuclear waste disposal, venting, storage and transport of
radioactive materials throughout New Mexico. NMELC is working closely with
clients in the prevention of further groundwater contamination from mining
4. Lasting Impacts from Nuclear Colonialism and Uranium Mining and forcing the clean-up of existing uranium mines, leach beds, tailings piles,
Nuclear Colonialism, a phrase coined by Winona LaDuke and Ward Churchill, de- and mill sites.
scribes the “systemic dispossession of indigenous lands, the exploitation of cultural
resources, and a history of subjugation and oppression of indigenous people by a 5. Protecting Our Right to Breathe Clean Air
government to further nuclear production of energy and proliferation of weapons.” Air quality has been severely impacted in New Mexico by oil drilling and
New Mexico’s hydraulic fracturing (fracking) for natural gas, especially in the southeastern
lands and waters, part of the state (above the Permian Basin) and in the Four Corners region
especially on the where methane leaks and flaring have reached such huge proportions that the
Navajo Nation, methane cloud above the region can be seen from space. Low-income commu-
the Tularosa nities of color are repeatedly left unprotected by environmental agencies which
Basin downwind should be ensuring their well-being rather than harming families living along
from the Trini- the fence lines of polluting industries like asphalt hot- mix batch plants. Health
ty Test site and impacts include asthma, especially in children, and cancer. High volatile organic
Pueblo lands compounds (VOCs) and particulate matter concentrations also affect quality
surrounding Los of life and property values. The siting and permitting of facilities that contam-
Alamos Nation- inate air quality primarily in communities of color is environmental racism.
al Laboratory Among other litigation and policy efforts, we are promoting tougher methane
(LANL), and in rules, which would drastically reduce methane emissions in New Mexico, and
the “Grants Min- working alongside clients in fighting local permitting decisions that allow the
ing District,” have continued targeting of low-income communities of color as sites for polluting
been severely industries.
contaminated
by the nuclear
industry. Many
uranium min-
ing companies
walked away from
previous mining
sites when the
price of uranium
dropped, leav-
The nuclear industry has created extensive uranium contamination on ing a multi-bil-
NMELC is working with clients to fight the permitting of asphalt plants like this one in
Indigenous lands, leading to the systematic dispossession and continuing lion-dollar
Santa Fe, which will reduce air quality in surrounding low-income neighborhoods, communi-
oppression of Indigenous people by a government furthering production environmental
ties of color that are living in an already overburdened airshed. Photo © Valerie Rangel.
of nuclear weapons and energy. Photo © Marilyn Maxwell cleanup problem
8 GREENFIRETIMES.COM JANUARY/FEBRUARY 2021
The Pecos River. Regulations of water quality were gutted under the Trump
6. Protecting Our Right to Clean Fresh Water administration and must be reinstated and strengthened to protect one of
The Trump administration drastically reduced protections under the Clean Water Act for most New Mexico’s most important water resources.
of New Mexico’s waters, 87 percent of which are ephemeral and only flow after rainfall or snow-
melt—including the Río Grande. The Biden administration must restore these protections to fed-
erally designated Waters of the United States (WOTUS). Los Alamos National Laboratory (LANL)
has contaminated ground and surface water for decades, ever since the Manhattan Project, includ-
ing water that is used for ceremonial purposes by the Tewa people and drinking water used by San-
ta Fe residents. LANL must stop the continued harm and then pivot toward cleaning up decades
of ongoing contamination instead of creating more waste by further developing nuclear weaponry.
Access to ample supplies of clean, fresh drinking water and water for agriculture and traditional
acequia communities is a human right and an environmental justice issue. We stand up for and with
frontline communities including indigenous communities, acequia users and low-income neighbor-
hoods that industry—enabled by government regulators—has treated as sacrifice zones.
7. Reducing Impacts from
the Oil & Gas Industry
The practice of hydraulic
fracturing (fracking) is environ-
mentally costly, requires massive
amounts of water, and produces
a huge amount of contaminated
waste. In September 2020, the
State of New Mexico finalized
changes to its produced water
regulations on the oil and gas
industry and is now considering
ways to treat produced water
that would be used for agricul-
tural use. “Produced water” is
an oil and gas production liquid
waste product that contains
flowback from drilling fluid The oil and gas industry is trying to persuade the
that is brought to the surface public that so-called “produced water” is treatable
with crude oil and natural gas and safe to use on agricultural fields. Produced
extraction. Far from being water is a toxic brew of chemicals and carcinogens.
“water,” this liquid oil and gas
waste is a toxic brew of known
hazardous chemicals and carcinogens. For every barrel of oil—about 42
gallons—about four-to-10 barrels of produced water is generated. Produced
water should be treated as the toxic waste that it is and never considered safe
for reuse. We are supporting a bill in the upcoming legislative session that
would not allow produced water to be used outside of oil and gas production
and would protect our freshwater resources from being used unnecessarily in
oil and gas production.
8. Holding the U.S. Military Accountable as the World’s
Biggest Polluter
New Mexico, like most other states, has been heavily impacted by the U.S.
military. We are home to three military bases plus White Sands Missile Range,
Fort Wingate Army Depot Activity Area and two National Labs. Isleta Pueb-
lo is located directly south of Kirtland Air Force Base (KAFB).
From 1956 to 1961, 7,000 acres of land was leased for use as a target bomb-
ing range for aircraft from the base. Munitions, explosives and debris from
the bombing contaminated Isleta’s ancestral lands. The Pueblo of Isleta
solicited proposals for surface clearance of munitions in September 2020.
Additionally, downstream/downwind communities from Los Alamos Na-
tional Laboratory are concerned about contaminated runoff as more waste
is generated from further development of nuclear weapons, surface water Map shows extent of the multi-million-gallon jet fuel spill plume that sits in Albuquerque’s aquifer.
contamination from unregulated dumping and carcinogenic air resulting from Kirtland Air Force Base discovered the leak in 1999, decades after the leak started, and has yet to
radioactive tritium venting scheduled for spring 2021. clean it up. Map credit: HTTPS://EJATLAS.ORG/CONFLICT/KIRTLAND-AIR-FORCE-BASE-JET-FUEL-
Other examples include the plume of jet fuel that leaked from KAFB into to human and environmental health that were recently found in groundwater, surface
Albuquerque’s aquifer that is slowly creeping towards the city’s most important water and soil at both Cannon and Holloman Air Force bases. Clean-up of contamina-
drinking water well, and also the PFAS toxic chemicals that pose significant risk tion from the U.S. military has been slow and incremental. NMELC continues to work
GREENFIRETIMES.COM 9
with clients to demand the Air Force cleans up its contamination of Albuquerque’s
precious aquifer.
9. Climate Justice and a Just Transition
Global warming is a climate justice issue. In order to mitigate the impacts of climate
change, we must move from the burning of fossil fuels and carbon emissions to
renewable sources of low-carbon or no-carbon energy such as wind and solar. Clean
energy does not include nuclear energy, due to all the harmful impacts from the
entire nuclear chain, including uranium mining and milling, and radioactive waste
which remains harmful for millions of years and generations to come. We recog-
nize that thousands of New Mexican workers currently depend on the oil and gas
industry for jobs, and the state depends on tax revenue from the fossil fuel industry,
especially to fund education. A just transition would provide paid training to laid-off
workers to learn new skills in the green economy, building solar and wind energy
and cleaning up environmental contamination. A just transition is not just about
learning solar and wind technology (renewable energy); it is about understanding the
skillset of the workforce and figuring out how best to use that locally and sustain- Chino Mine, a copper mine near Silver City, is exempt from N.M. Water Quality standards
ably. A just transition will also require changing New Mexico’s tax code to make us under the Copper Rule. The rule was written by a committee stacked with industry representa-
less reliant on oil and gas for our state budget. NMELC is supporting legislative pro- tives and is an example of inadequate governance.
posals for a more progressive tax structure that makes us less reliant on oil and gas.
10. Holding Industry Accountable Through Strong Federal
and State Governance
We cannot expect industry to police itself. We must have strong federal, state and The New Mexico Environmental Law Center
local governance to hold polluters accountable and to prevent pollution in the first
The NMELC has been defending environmental justice since 1987. Its
place, while understanding that the current system perpetuates broader systemic
mission is to work with New Mexico’s communities to protect their
inequities that must be restructured. We support increasing penalties for viola-
air, land and water in the fight for environmental justice. The NMELC
tions and are promoting a bill in the upcoming legislative session that would adjust
is committed to dismantling racist structures that are at the heart of
current penalty amounts to account for inflation that has occurred since the early
environmental injustice and all disparate treatment of communities of
1990s, effectively doubling the fines to polluters when they violate the law, rules or
color. “If we do not respect the water we drink, the air we breathe, the
permit conditions. We want the Biden administration to immediately protect the
land we sow and the community in which we live, we cannot realize
Greater Chaco Canyon area from extractive industry. We want New Mexico’s 16
the fundamental human rights to which we are all entitled,” said Ex-
Superfund sites made a priority for actual clean-up. We support the restoration and
ecutive Director Dr. Virginia Necochea. “We stand with those seeking
strengthening of the National Environmental Protection Act (NEPA) and the im-
justice and will continue to utilize our platform to support our state
plementation of President Clinton’s Executive Order 12898, Federal Action to Address
and its people.”
Environmental Justice in Minority Populations and Low-Income Populations. We understand
the current New Mexico Environment Department is often hamstrung by insuffi-
505-989-9022, NMELC@NMELC.ORG, HTTPS://NMELC.ORG
cient budgets to adequately regulate polluters. We urge the Legislature to provide the
financial resources to NMED so that they can better fulfill their mission to protect
the environment.
The goal for 2021 should not be a rush to return to the status quo after the pan-
demic, but to be proactive in restructuring our society to be more equitable and
just. This requires systemic change and a dismantling of racist structures. This is
NMELC’S 2020 AWARDS
a moment in history that offers an opportunity for transformation that reflects Karl Souder, a hydrologist, spent his career working to protect New
societal values, our connection to the environment, to one another and to future Mexico’s water, particularly its groundwater. Last month, the New Mex-
generations. ico Environmental Law Center held its annual awards event online due
to the pandemic. NMELC presented its Karl Souder Water Protection
Award—which honors an outstanding individual or organization that
has made significant contributions to the protection of New Mexico’s
water—to Betty González and María Elena Bejarano of Río Valle Con-
cerned Citizens, a cooperative based in Doña Ana County, that fought
for and won stronger monitoring and remediation provisions that im-
pact more than a dozen mega-dairies.
María Elena Bejarano said, “These dairies have been and are polluting
our groundwater with nitrates and the plume keeps on spreading.” Betty
González said, “We appreciate the assistance the law center has given us
for 10 years in addressing numerous concerns we have had with dairy
row in southern New Mexico. CAFOs [Concentrated Animal Feed
Operations] in the poorest areas of our state have little regard for the
communities in which they are located. Citizens in small, rural, work-
Climate Justice calls for a just transition, which includes understanding impacts on jobs and commu-
nity when moving from fossil fuel energy to renewables. Photo © Peg Hunter
Source: HTTPS://MEDIUM.COM/JUST-TRANSITIONS/STEVIS-E147A9EC189A
10 GREENFIRETIMES.COM JANUARY/FEBRUARY 2021NM STOPS SELLING FRESH WATER
FOR OIL & GAS DRILLING
Studies have shown that regional aquifer levels in southeastern
New Mexico are rapidly declining because of years of extensive
groundwater pumping. Oil production in the Permian Basin is at
an all-time high. Officials worry that if aquifers are no longer via-
ble under state trust land, the land will lose its value. Communities
close to the basin are now having to fight the industry for access
to fresh water.
Millions of gallons of water are needed for the oil and gas indus-
try’s hydraulic fracturing (fracking) operations. In December, the
New Mexico State Land Office announced that the state will stop
renewing and issuing easements for commercial sales of fresh wa-
ing-class communities do not have the legal, financial or political means to stand ter on state trust land. The change will not affect sales for agricul-
up to the American Dairy Association’s clients like the Del Oro Dairy. But with the tural or municipal uses. Most of the easements have been in Lea
law center and other state and national organizations like the Sierra Club, Amigos and Eddy counties. Prior administrations have had some grantees
Bravos, and Food & Water Watch, we continue to notify the New Mexico Environ- pay $1,000 annually for wells or charged for each barrel of water.
mental Department of infractions.” Some grantees have allegedly been selling the water.
Jeanne Gauna was a fierce environmental justice warrior and former director of State Land Commissioner Stephanie García Richard has said that
the SouthWest Organizing Project (SWOP). NMELC’s Jeanne Gauna Community the easements are no longer ecologically or economically viable
Environmental Advocacy Award was given to the Multicultural Alliance for a Safe and that it’s difficult to verify how much operators use. As part
Environment (MASE), a group with five core members: Bluewater Valley Down- of New Mexico’s Produced Water Act, the Land Office recently
stream Alliance, Eastern Navajo Diné Against Uranium Mining (ENDAUM), began requiring operators to report how much water they use to
Laguna-Acoma Coalition for a Safe Environment, Post-71 Uranium Workers frack a well. FracFocus, a national registry, indicated that nearly
Committee, and Red Water Pond Road Community Association. MASE was creat- 14.5 billion gallons were used for production in 2019. Recycled or
ed as a response to pollution and public health impacts from uranium mining and “produced” water (the salty, chemical mixture that surfaces along
milling. The award is given to New Mexicans who have given significant time and with petroleum) made up only a fraction of that. The Act encour-
effort toward grassroots advocacy, especially through the linkage of environmental ages the use of recycled or brackish water.
health and community well-being. MASE coordinator Susan Gordon accepted the
award on behalf of the group.
ENVIRONMENTAL JUSTICE
NMELC also honored Alice Sealey with the “Volunteer of the Year” award for her ADVISORY COUNCIL LAUNCHED
dedication and service to the law center.
In September, New Mexico Attorney General Hector Balderas
Each year the NMELC also bestows its “Toxic Polluter of the Year” award to launched an initiative to address the impacts of environmental and
a person or group that has shown “extraordinary disregard for New Mexico’s natural resource policies on minority communities. Balderas said
environment and the communities that live in it.” This year, that award went to that the effort is intended to give a greater voice to communities
Homestake Barrick Gold Mining Company. The Homestake Mill site is owned that have been harmed by state and federal decisions.
by Barrick Gold, an international mining company that processed uranium for
decades. In 1983, it was designated a Superfund site, considered one of the most As an example, Baldeeras said that Hispanic communities have
contaminated places in the country. A cleanup was required by federal law. Yet, been prevented from playing a larger role in establishing for-
40 years later, the law center says that more groundwater aquifers near the site are est-thinning regulations that impact forests their families have
contaminated with uranium cared for and relied on for generations. He also cited hunting and
and selenium than when the fishing rules that don’t take into consideration some communities’
supposed cleanup began. traditional ties to the land and the challenges of balancing oil and
NMELC is working with gas development with cultural and environmental preservation.
the MASE coalition to push Other examples of environmental justice issues in New Mexico
the EPA and the NRC to are zoning policies in Albuquerque that have led to industrial
ensure that surrounding pollution in minority neighborhoods and contamination of Native
communities can safely use American lands from uranium mining.
their well water.
A new, nine-member Equity Advisory Council will make recom-
mendations to the AG’s office on federal and state land manage-
ment and resource policies. The council includes three lawmakers
Top: 2017 commemoration of the 1979 Churchrock uranium tailings spill, organized by —Democratic Reps. Javier Martínez of Albuquerque, Derrick
Multicultural Alliance for a Safe Environment (MASE) Lente of Sandia Pueblo and Angela Rubio of Las Cruces—along
Bottom: NMELC volunteer Alice Sealey; Maria Elena Bejarano and Betty Gonzalez of with representatives from tribal groups, the state Livestock Board,
Río Valle Concerned Citizens the New Mexico Acequia Association and other organizations.
GREENFIRETIMES.COM 11OP-ED: Glenn Schiffbauer
2021 NEW YEAR’S RESOLUTIONS FOR
NEW MEXICO TO REBUILD BETTER
Few of us will miss 2020, and as we move to repair our COVID-battered economy,
2021 can be the year we rebuild better in New Mexico. We have a chance to make
our communities safer and healthier with an economy where all New Mexicans
prosper.
COVID-19 exposed the fragility of New Mexico’s economy and its over-reliance
on a single sector—oil and gas. COVID also shined a light on connections that
have previously been under-appreciated, like the link between public health and
economic health. Post-pandemic, New Mexico must incorporate these lessons into
economic planning and policy that better position our communities to thrive in
coming decades. Gov. Michelle Lujan Grisham’s bold commitment to cut carbon pollution by set-
ting science-based greenhouse gas reduction goals and her pursuit of nation-lead-
We need to rebuild better by tackling pollution and climate change and the real ing air pollution and methane rules for the oil and gas industry are key steps to
threat they pose to our health, our air, land, water and our economy. New Mexico helping New Mexico accelerate the transition to a cleaner, more diversified and
has an opportunity to be a leader in innovations that will create jobs, take advan- sustainable economy.
tage of the state’s abundant renewable energy, and protect our precious, limited
water resources. But it is only a start. New Mexico’s draft air-pollution and methane rules are inad-
equate and must be strengthened to protect public health and to send a signal to
The Problem investors that the state is serious about committing to reducing oil and gas waste
New Mexicans are already experiencing severe impacts of climate change, and and pollution.
99 percent of scientists, as well as NASA and the Department of Defense, agree
that climate change is a threat to our kids’ future, and we can no longer ignore the One example of the potential for New Mexico is the methane mitigation in-
increasingly strange and severe weather. Temperatures of the last decade were the dustry—a robust and growing industry that is already on the ground across the
warmest of the century, and as mountain snowpack declines, there is less water country designing, manufacturing and deploying the devices and services that
for cities and agriculture. In southeastern New Mexico, farmers saw temperatures make operation of the oil and gas industry safer and cleaner. In New Mexico,
that averaged seven degrees above normal in July. In Santa Fe, a wildfire charred the methane mitigation industry already boasts upward of 18 locations, including
five square miles on the outskirts of town and darkened skies for weeks. Currently, leak-detection and repair services, equipment maintenance facilities, sales centers
nearly three-fourths of the state is experiencing severe drought, as state officials and company headquarters, a sector that is set for growth with the right policy
grapple with plans to ensure critical water supplies. drivers in place.
There is broad agreement New Mexico is also home to
some of the worst methane
The science on climate change is clear. It’s time for action. To ensure goals are
met and New Mexico communities are protected, the state Legislature should
for New Mexico to act on
pollution in the nation, and the prioritize action on a comprehensive climate policy package with two key compo-
oil and gas industry is one of nents:
the largest sources. Methane
climate change. is more than 80 times more
potent a greenhouse gas than
1. Codify climate targets. In January 2019, Gov. Lujan Grisham issued
an Executive Order to reduce greenhouse gas emissions 45 percent
carbon dioxide over 20 years, below 2005 levels by 2030. The Legislature must affirm the importance
and it is estimated to be contributing 25 percent of the warming seen today. Meth- of tackling climate change by codifying the greenhouse gas emissions
ane-related volatile organic compound (VOC) emissions have significant impacts target in the executive order into law and directing the New Mexico En-
on public health, contributing to ground-level ozone or smog, worsening respira- vironment Department (NMED) to implement rules by a date certain to
tory disease and increasing the risk of heart disease and heart attacks. In counties ensure the pollution reduction goals are met.
with active oil and gas operations, New Mexico’s air quality is deteriorating with
rising levels of ozone pollution. Eddy, Lea, San Juan, Río Arriba and Chavez coun- 2. Eliminate the harmful “no more stringent than” law. For far too
ties–the counties home to 97 percent of the state’s oil and gas wells–are all violat- long, New Mexico’s environmental agency has been handcuffed by an
ing or at risk of violating federal ozone standards of 70 parts per million. antiquated law that constrains it from creating air pollution requirements
more protective than federal regulations. The law has enormous conse-
The Opportunity quences statewide—and particularly for environmental justice commu-
New Mexico has more wind and solar energy potential than almost any other state, nities, which are most likely to be impacted by hot spots of air pollu-
and it is home to companies leading in innovation and technology to clean up oil tion, including methane, volatile organic compounds and hazardous air
and gas pollution. We have already benefited from over $3 billion in capital invest- pollution from oil and gas operations. Therefore, N.M. legislators should
ment in wind projects and thousands of jobs in rural communities that need them. eliminate this damaging law and make sure that vulnerable communities
Stanford University researchers say that moving to renewable energy will save the are protected—not left behind—in a comprehensive climate and clean
average family over $1,000 a year in health costs and energy savings. Diversifying air package.
New Mexico’s economy with clean energy and new industries will help the state
move away from its reliance on oil and gas. Plummeting oil and gas prices have left Policymakers should be emboldened, given there is broad agreement for New
the state’s government facing a massive budget shortfall. Mexico to act on climate change. An August 2019 poll found that two-thirds of
12 GREENFIRETIMES.COM JANUARY/FEBRUARY 2021OP-ED: Michael Jensen
MOVING ENERGY TRANSITION FORWARD IN 2021
When President-Elect Joe Biden and Vice President-Elect Kamala Harris take office,
it will mark the official end of the national tragedy that unfolded over the last four
years and, hopefully, the beginning of a process to “build back better.” Biden’s nomi-
nations—as they stand at the time of writing, and pending Senate approval—signal a
positive, fundamental shift in policies dealing with the climate crisis, energy transition,
public lands, environmental justice and tribal consultation.
New Mexico is beginning to Promised new
policies from
the Biden-Harris
address the larger issue of administration
will be a strong
COVID shined a light on New Mexico voters
want strong limits
decarbonizing the entire economy. complement to
work that has
connections like the link on statewide carbon
emissions, zeroing out
taken place in
New Mexico over the last two years under the Lujan Grisham administration. In 2019,
such pollution by 2050. her first year in office, the governor issued an executive order on climate, called for
between public health and Public health advocates,
children’s advocates,
nation-leading rules on the waste and leakage of methane, and laid the groundwork for
passage of the groundbreaking Energy Transition Act (ETA).
economic health. tribal communities, en-
vironmental organiza- New methane rules are in process, with Oil Conservation Commission hearings in
tions, business leaders, early January on methane waste rules from the Oil Conservation Division (OCD) of
elected officials and local communities across New Mexico all support the Energy, Minerals and Natural Resource Department (EMNRD). The New Mexi-
action to set declining limits on greenhouse gases. The result will be cleaner co Environment Department (NMED) rules on methane leaks are still under agency
air, healthier communities and a more resilient, sustainable economy. Let’s review. OCD’s proposed rules—dealing with venting and flaring of methane during oil
get going.¢ and gas production—are good, but could be much better with some easy fixes prevent-
ing routine flaring and not allowing new permits to operators not in compliance with
the rules. Current NMED rules, still in development, exempt low-production wells. If
Glenn Schiffbauer, director of the Santa Fe Green Chamber approved in their present form, the rules would negate benefits of the OCD rules, and
of Commerce, received the 2020 National Policy Champion New Mexico would be far from “nation-leading” on methane.
Award from American & Canadian B Lab, recognizing his
eight years of effort to successfully get B (Benefit) Corporation The governor’s climate order called on state government agencies to assess their role
legislation passed in New Mexico. in the climate crisis and put forward plans to address it. The next step is implementing
and institutionalizing the executive order by establishing statewide benchmarks that
would support agency guidelines—especially those from EMNRD and NMED—and
rules for achieving zero-emissions by mid-century. Action on climate needs to be
informed by both science and equity, directing efforts at mitigating climate impacts on
those communities most affected by it, including support to workers and communities
NEW MEXICO HIGHLANDS UNIVERSITY TO ADD experiencing loss of jobs and revenue from the transition to a decarbonizing economy.
ELECTRIC VEHICLE AND CHARGING STATION
The ETA has already had a transformative effect on New Mexico’s transition from
New Mexico Highlands University in Las Vegas, N.M. is con- fossil fuels to clean energy. The act sets clear targets for transition of the energy supply
tinuing to adopt green energy technologies with its planned to 100 percent carbon-free energy by 2045, one of the most ambitious targets in the
installation of an electric vehicle charging station and purchase country.
of a Tesla Model 3. The station will be available for public use.
Forty percent of the school’s fleet are currently hybrid vehicles.
Highlands has made a substantial effort in reducing its carbon
footprint through renovating buildings with energy-efficient
fixtures and timers, incorporating geothermal technology in
its Student Center, and providing recycling services. All of the
school’s recent building remodel projects have been LEED-cer-
tified, a recognized standard in green building. “The impacts of
climate change can’t be ignored any longer,” said Sylvia Baca,
director of Highland’s Facilities Services Department. “We have
to do our part to combat greenhouse gasses.” “It is important to
me that Highlands is a leader in helping our communities protect
our environment,” said President Sam Minner.
GREENFIRETIMES.COM 13The coal-fired San Juan Generating Station
in northwestern New Mexico.
Photo: Río Grande Sierra Ecoflight
Using the ETA’s requirements and the hearing examiners’ recommendation based
on them, the Public Regulation Commission (PRC) voted 5-0 to approve a 100-per-
cent solar and battery storage portfolio to replace the coal-fired San Juan Generating NEW MEXICO'S ELECTRIC VEHICLE CHARGING
Station. The projects in that portfolio will be located in frontline communities in
McKinley and Río Arriba counties, including the school district that currently gets
INFRASTRUCTURE EXPANDING
tax revenue from the power facility. The agreement also brings $40 million in work- The New Mexico Interagency Climate Change Task Force has found
force transition and community support. None of this would have been possible that transportation is the second-largest contributor of greenhouse
without the ETA. gasses in the state and that electrification of the transportation sector
will be key to meeting the state’s overall goals for reducing emissions.
Similarly, based on the recommendation of the PRC hearing examiner and the com-
mission’s counsel, all five commissioners denied a natural gas-fired facility proposed BloombergNEF projects electric vehicles will grow exponentially in
by El Paso Electric. The decision was based on the air-quality impacts to communi- coming years, reaching 28 percent of passenger vehicle sales in the
ties around Chaparral where the facility would be located and conflicts the proposal U.S. by 2030 and 50 percent by 2040. In 2019, Gov. Michelle Lujan
had with the ETA’s 100 percent renewable deadline of 2045. Grisham signed a memorandum of understanding with seven Western
governors to develop electric vehicle (EV) infrastructure along major
The ETA also allowed a non-utility organization, the Coalition for Clean Afford- highways. Last month, New Mexico announced the installation of 30
able Energy, to put forward a replacement power proposal. In the past, the PRC new charging stations for use by both government and private vehicles.
could only approve or disapprove a utility proposal. In addition, the ETA includes $1.5 million was spent on the project, and the General Services Admin-
language insisted on by a coalition of conservation and community- and Indige- istration plans to ask the Legislature for another $1 million to continue
nous-based organizations, creating a large fund to support equity for the workers the shift to EVs.
and communities in areas impacted by replacing coal-fired power with clean energy.
A 2019 New Mexico law requires public utilities to submit plans to the
This aspect of the ETA was highlighted by State Sen. Benny Shendo Jr. in an opin- Public Regulation Commission for how they will expand the infrastruc-
ion piece in December is the Santa Fe New Mexican[1]: ture for electric transportation. The law is intended to reduce pollution
“This transition also holds the promise of a much bigger shift that could finally as well as increase access to the use of electric vehicles by underserved
pay down the debt owed to New Mexico’s tribal communities. Tribes have wait- communities. PNM currently owns and operates four free charging sta-
ed too long to achieve equal footing with neighboring communities… These tions—two in Santa Fe, one at a visitor center in Silver City and one at
programs do more than just replace lost jobs. They create a diversified and resil- a shopping mall in Albuquerque. In December, the utility submitted a
ient economy built on the skills and resources generations of Indigenous people plan for incentivizing buildout of charging infrastructure. A full rollout
have developed and preserved.” could happen as early as 2022.
The ETA and decisions made by the PRC also signaled that New Mexico is open
for business in renewable energy. In late 2020, Avangrid—a U.S.-based subsidiary of
Iberdrola, one of the largest renewable energy providers in the world—announced
14 GREENFIRETIMES.COM JANUARY/FEBRUARY 2021You can also read
