Democracy for New Mexico

Citizen Group Wins Federal Lawsuit Against NNSA for Unlawful Document Delays

From Citizen Action:
Citizen Action, a public interest group, received a victory in a federal lawsuit against the National Nuclear Security Agency/Albuquerque Operations Office (NNSA) for engaging “in a continuing pattern and practice of unlawful delay” in furnishing documents under the federal Freedom of Information Act (FOIA). 

The decision by U.S. District Court Judge Robert C. Brack states that “In light of the Kafkaesque review process adopted by Defendant, it is not surprising that the delay in this case stretched many months beyond the statutorily-prescribed time frame.” The decision describes a “labyrinthine process for reviewing FOIA requests” that does not justify the delays even for “situations involving national security, sensational, or complex issues.” The decision orders an agreement to be made between DOE and Citizen Action within 30 days for “responding to pending requests and for processing future requests.”

Citizen Action Attorney Richard Mietz, Santa Fe stated, “This is a complete vindication of my client’s right to receive information under the FOIA in a timely manner.” 

This is the second time in a year that Mr. Mietz has successfully persuaded a federal judge that the Albuquerque NNSA office engages in a pattern and practice of unlawful delay when responding to citizen requests for information about the nation’s nuclear weapons facilities. 

The documents sought by Citizen Action seek a wide range of information about Sandia National Laboratories. Dating from requests going back to 2004, these include:

• Ten-Year Site Plans for future activities at Sandia National Laboratories
• High level radioactive waste and release of contamination from nuclear weapons production buried in a Cold War waste site known as the Mixed Waste Landfill and many illegal dumpsites referred to as “Yardholes” scattered about Sandia
• Environmental information about groundwater monitoring, air monitoring, earthquake faulting, radioactive contamination of plants and animals at Sandia

Citizen Action Director, Dave McCoy stated, “This decision should send a strong message to NNSA’s management that NNSA can no longer use delay to create secrecy about Sandia’s dangerous operations. This decision acknowledges that provision of information may be useless if it is not timely. The public needs to obtain information for commenting on Sandia’s current plans. There is a Sandia facility wide permit request pending approval. That would include: open air burning of high explosive wastes; production of neutron generator tubes that leak tritium without air monitoring; leaving radioactive and toxic waste contamination in place without monitoring groundwater over our drinking water, and; Sandia’s plans for future nuclear weapons related production that will generate hundreds of thousands of pounds of hazardous and radioactive waste.”

The decision also builds on and goes beyond an earlier federal FOIA decision in favor of Nuclear Watch in Santa Fe. The Citizen Action decision sets forth a requirement to avoid future violations and to timely furnish the documents from over ten outstanding Citizen Action FOIA requests. Judge Brack cited language from the Nuclear Watch case that “observed this process ‘makes a mockery of the 20-day target set by FOIA and violates congressional intent.’”   

Citizen Action continues to also battle with the New Mexico Environment Department lawsuit to obtain a 2006 TechLaw report about contamination at the MWL. The Environment Department is suing Citizen Action in state court to keep the report secret. McCoy said, “One can only question what the Environment Department hopes to achieve by suing a public interest organization instead of the polluter.” The New Mexico Supreme Court recently denied a request for a stay on the release of the TechLaw report to the Attorney General and Citizen Action’s attorney.

NM Sierra Club to Candidates: “You Have the Power2Change”

Left to right: David Melton of Sacred Power; Albuquerque City Councilor Rey Garduno; Odes Armijo-Caster of Sacred Power; and Michael Casaus, Sierra Club Southwest Regional Representative

At a press conference last week in Albuquerque in front of the Indian Pueblo Cultural Center Solar Carport with city government and renewable energy business leaders (above), the New Mexico Sierra Club launched a new effort to educate the public about what is at stake in the 2008 elections. Part of a national effort focused in nine states, the Power2Change campaign aims to educate the public and candidates about what is at stake in the 2008 elections; by defining the contrast between competing visions of our energy future -– positioning clean energy as an economic driver, and challenging candidates up and down the ballot, including the new President –- to move America towards a clean energy economy.

“The choices we make in 2008 will define our future, especially when it comes to the election and energy issues,” said Michael Casaus, the Sierra Club’s Southwest Regional Representative. “The contrast could not be sharper -– we can move forward to a clean energy economy that creates jobs, saves consumers money and solves global warming, or we can continue the expensive, polluting policies of the past.”

The Power2Change campaign involves a new grassroots organizing effort in the community. Over the next four weeks, the New Mexico Sierra Club activists will document and release examples of clean and polluting energy sites within each state, collect and deliver petition signatures demanding elected officials help build a clean energy economy, and recruit volunteers to meet with elected, business and community leaders and to participate in the many Earth Day events from April 16th through April 27th.

The Sierra Club’s Power 2 Change Report highlights examples of clean energy leaders and their polluting opponents, with a specific section focusing on New Mexico. There is a tremendous potential for renewable energy production in the Land of Enchantment, and more manufacturing companies such as Schott North America, Inc. are locating here for that reason. Proposed coal power production and uranium mining on Navajo and Pueblo Indian lands, on the other hand, exemplify the backwards energy choices that will threaten the health of communities and condemn our children to the worst consequences of climate change. The full report is available to read here or to download here (pdf).

“We’ve got a message for candidates at every level that we have the power to change direction,” said Michael Casaus. “We have the technology, know-how and power to build a clean energy future. What we have lacked is the political will and leadership. We need to challenge all our elected officials, including the next President, to provide the leadership we need to move us forward.”

NM-03: Wiviott Endorses "A Responsible Plan to End the War in Iraq"

Darcy Burner, Dem Congressional candidate in WA-08, and Major General Paul Eaton worked together, with input from other distinguished experts, to produce "A Responsible Plan to End the War in Iraq." The plan was unveiled at the recent Take Back America Conference in Washington DC. Its supporters are encouraging candidates for U.S. House and Senate seats and others to band together and formally endorse the plan so they can be on the record about the policies they support to end the Iraq occupation and change course to a more rational policy in the region. In this way, the grassroots/netroots can target support to candidates who are willing to demonstrate their commitment to bringing our troops home in an expeditious manner and working to make meaningful diplomacy and green energy intiatives top priorities.

Here's a list of the endorsers of the plan to date. Activists around the nation are being urged to submit the plan to U.S. House and Senate candidates in their districts and request their endorsements. NM-03 candidate Don Wiviott is the first New Mexican candidate to sign on. His campaign released the following statement today about his decision to support the plan:

Today, Don Wiviott officially joined 41 other congressional challengers across the country and endorsed “A Responsible Plan to End the War in Iraq,” a comprehensive, 36 page document endorsed by Major General Paul Eaton, Dr. Lawrence Korb (Asst. Secretary of Defense under President Reagan), Brigadier General John Johns and Captain Larry Seaquist (former Acting Deputy Assistant Secretary of Defense for Policy Planning). The plan has also been endorsed by a 37 U.S. House candidates and 4 U.S. Senate candidates.

Endorsing the plan, Don Wiviott said, “It's time to bring George Bush and Dick Cheney's foreign policy disaster to a responsible end. Make no mistake about it - fixing the quagmire that Bush, Cheney and the Washington Republicans created won't be easy. But with this plan, we have a thoughtful and responsible approach to bring our troops home, promote stability in Iraq, deal with the humanitarian crisis and take care of our troops when they come home. I’m pleased to endorse this comprehensive and responsible plan to bring the war in Iraq to an honorable end.”

Joining Wiviott in endorsing the plan is Major General Paul Eaton. From 2003 – 2004, Major General Eaton served in Baghdad and was charged with rebuilding the Iraqi army. He said, “What we’re after with this plan is a means of responsibly concluding the military war in Iraq... I’m proud of this document and the people that produced it.”

In Congress, Wiviott will work with America’s military leaders and fight for legislation that keeps our troops safe and restores America’s strength on the international stage. Wiviott will stand up to the Bush Republicans that seek to continue a failed strategy in Iraq costing lives and untold billions.

The Responsible Plan endorsed by Wiviott includes the following major components:

End U.S. military action in Iraq. There is no military solution in Iraq. Our current course unacceptably holds U.S. strategic fortunes hostage to events in Iraq that are beyond our control; we must change course. Using diplomatic, political, and economic power, we can responsibly end the war and removing all of our troops from Iraq.

Leverage U.S. Diplomatic Power. Much of the remaining work to be completed in Iraq requires the effective use of diplomatic power. Many of Iraq's neighbors are currently contributing to instability and need to be persuaded to assist instead in stabilization.

Address Humanitarian Crisis. The humanitarian crisis caused by Iraq's situation is destabilizing to the region and damaging to America's moral credibility. We must both take responsibility for the Iraqis who are now endangered because of their assistance to the U.S. and begin to address the regional problems of displaced Iraqis.

Restore Our Military. Repairing the damage done to our military will require reforms in contracting procedures, restoring benefits for members of the military and veterans, and investment in repairing or replacing damaged military equipment.

Move America Toward Energy Independence. Finally, we are clearly tied to Iraq through our dependence on oil, which makes us vulnerable. Moving away from that dependence is necessary for strategic, economic, and environmental reasons.

For a full copy of the plan, visit www.responsibleplan.com/plan.

1Sky Launches First Action: Ask Heather Wilson to Sign Global Warming Pledge

If you're not yet familiar with 1Sky New Mexico, you should be. According to their website, "1Sky is an effort to galvanize a more powerful climate movement. It is not a new institution or even a coalition. Its purpose is to communicate a positive vision and a clear, simple set of goals and policy initiatives that are commensurate with the scale of the climate challenge, and to build the necessary power to solve global warming and put America on a new path for energy. 1Sky New Mexico is a project of New Energy Economy and is intended to aggregate the power of those concerned about climate and energy." Click to learn more about their team.

1Sky is holding its first action event in the state -- B.Y.O. Blue -- on Friday, March 28, at 10:00 AM at the Albuquerque office of Rep. Heather Wilson at 20 First Plaza NW. You're invited to join other advocates for solutions to global warming at a press conference and rally highlighting Rep. Wilson's record on climate change -- and urge her to take the 1Sky pledge:

I support the solutions to global warming that will protect our society and future generations from climate change and will create a new energy economy. In particular, I support:

• The creation of five million new green jobs;
• A science-based reduction of emissions of at least 25% by 2020; and
• A moratorium on all new coal-fired power plants nationwide.

Participants are being asked to wear blue in solidarity for blue skies and a moratorium on coal-fired power plants in New Mexico. You can learn more about 1Sky and the pledge from Juan Reynosa's post at Clearly New Mexico, and add your name to the pledge here.

Save La Bajada Mesa from Strip Mining

From Save La Bajada Mesa:
The Railrunner is being used as an excuse to start strip mining historic, scenic La Bajada Mesa. The application (dated Jan. 30, 08) discloses that the operation would not be limited to ballast for the Railrunner (which is expected to be built by the end of 2008). The application has things in common with the last application to mine in 2005. That application was withdrawn. Buildology has become Rockology, same applicant, Steven Hooper. The land owners Peter Naumburg and Hugh Graham of Buena Vista LLC, are the same. This application, submitted by agent James Siebert, is for 50 acres. Water is required by law for dust control. They have proposed trucking 80,000 gallons a month from Cohiba Club LLC (near La Bajada Village). Off site water should not meet the County's standards for a secure source. Their temporary permit only goes until Sep. 6, 2008!

ROCKOLOGY WILL HOLD A PUBLIC MEETING: Monday April 7, 6:00 PM, Turquoise Trail Elementary School, along NM 14. The applicants hope to bring the proposal before “the next available County Development Review Committee meeting”—this could be April 17th.

TAKE ACTION: Contact Gov. Richardson and Santa Fe County Commissioners. Tell them the Railrunner should not be used to jump start the strip-mining of historic, scenic, and culturally significant La Bajada Mesa.

La Bajada Mesa, listed by the NMHPA as a Most Endangered Place, is the gateway to Santa Fe and
needs to be a protected viewscape. www.nmheritage.org/endangered/2003.php?ID=72

We don’t need two gravel operations on Waldo Canyon Rd at the entrance to the Galisteo Basin park
lands. Similar, if not superior construction materials are available within the same “vicinity” from an
established facility (Espanola Mercantile’s Waldo Quarry located in the Cerrillos Hills).

The applicant is seeking to rezone a portion of La Bajada Mesa from agriculture/residential to mining
for its narrowly focused economic interests. Any such large mining zone would likely be subject to
expansion. The whole mesa is capped by basalt. Example: in 2002 JR Hale Contracting proposed a 500
acre strip-mine there.

The current owners have no protected rights to demand a rezoning as they purchased the property with
the current zoning in place. No adverse action has been taken by Santa Fe County that impairs the
economic value of their property (which is also up for sale). The County has no obligation to enhance
the value of the property to the detriment of the County and State as a whole.

• Visit website: www.savelabajadamesa.org
• See FLYER
• Sign up for email alerts: savelabajadamesa@earthlink.net 

Santa Fe County Suspends New Oil and Gas Drilling

Yesterday the Santa Fe County Board of County Commissioners passed an emergency interim development ordinance that temporarily suspends the processing and granting of applications for permits to drill for oil and natural gas within the Galisteo Basin until February 28, 2009. The ordinance also empowers the Board to extend the prohibition for an additional 6 months, if necessary.

The County Commission voted unanimously to approve the ordinance and received a standing ovation from the crowd of more than 100. The suspension is designed to give County staff more time to study environmental, geographical and archeological issues in the basin before completing the final draft of new oil and gas regulations. The County had begun drafting new oil and gas regulations last fall after Tecton Energy announced plans to drill for oil in the Galisteo Basin.

In January, Gov. Bill Richardson issued a similar six-month moratorium on drilling in the Galisteo Basin to allow for a study on the area's extensive archaeological treasures. The City of Santa Fe will soon begin a review of the ownership of subsurface mineral rights for city-owned property in the area.

To join the battle against drilling in the Galisteo Basin area, visit the Drilling Santa Fe website and sign on to endorse the principles of the Coalition for Energy Accountability. For months, citizens and advocacy groups have been actively fighting Tecton's announced plans to drill in Santa Fe County and urging governmental action to ban or delay drilling and conduct technical studies that may form the basis for strengthened drilling regulations.

NM-Sen: Defenders of Wildlife Endorses Udall, Will Target NM in 2008 Elections

The Defenders of Wildlife Action Fund in Washington, DC announced this week that one of its main areas of focus during the 2008 elections will be the state of New Mexico. The group will focus primarily on electing Rep. Tom Udall, whom it is endorsing in his race for the U.S. Senate. In addition, it is likely to be very active in one or more of the three open seat House races in New Mexico. Ed Yoon, the group's field campaign manager during its successful 2006 campaign against former Rep. Richard Pombo (CA-11), has been designated as state campaign manager and has established an office in Albuquerque.   

"New Mexico presents a rare opportunity for Americans who care about conservation to increase their ranks in the Senate and House," said Action Fund President Rodger Schlickeisen. "Rep. Tom Udall has a stellar conservation record and we know he'd be a true champion for New Mexico in the Senate.  Conversely, Reps. Steve Pearce and Heather Wilson both have atrocious conservation records. They both sit on House committees that are vital to our nation's conservation efforts, yet both have voted repeatedly to provide tax breaks to polluting industries and undermine key laws that protect our air, land and water. Their horrible record in these key committees has earned them a place on our target list for 2008."

There of a Kind: Pombo, Pearce, Wilson
Rep. Pearce sits on the House Natural Resources Committee, which oversees much of the nation's wildlife and land conservation efforts. Rep. Wilson is on the House Energy and Commerce Committee, which takes the lead on issues related to pollution, clean energy and global warming. The Defenders Action Fund focuses special attention on these vital committees, believing that membership on these committees should come with a commitment to protect our nation's air, land and water. In 2006, the Action Fund targeted the then-chairman of the House Natural Resources Committee, Richard Pombo, because of his record of accepting campaign contributions from polluting industries and then using his elected position to undermine and weaken conservation laws. Although heavily predicted to win, Pombo was handily defeated, the only sitting chairman to lose in that election cycle.

"Reps. Pearce and Wilson have followed the same path the voters have seen so many times, taking big campaign contributions from polluting industries and then promoting their special interest agenda in Congress. Both Pearce and Wilson have accepted hundreds of thousands of dollars in campaign contributions from big oil, gas, mining and other polluting industries, and then repeatedly voted against clean energy and efforts to combat global warming, and against commonsense measures to protect New Mexicans' quality of life," said Schlickeisen. 

"For too long, Steve Pearce and Heather Wilson have refused to protect New Mexico's conservation heritage and to address our nation's energy needs in a way that protects our air, land and water for future generations," said Ed Yoon, Action Fund campaign manager for New Mexico. "We're going to build a strong and effective grassroots campaign and work with our allies to change that."

The Defenders of Wildlife Action Fund provides a powerful voice in Washington to Americans who value our conservation heritage. Through grassroots lobbying, issue advocacy and political campaigns, the Action Fund champions those laws and lawmakers that protect wildlife and wild places while working against those that do them harm.

To sign up to support Rep. Tom Udall's run for U.S. Senate, visit the campaign website.

To see our previous coverage of the 2008 U.S. Senate race in New Mexico, visit our archive.

ACTION ALERT: Urge Gov. Richardson to Veto Damaging Uranium Cleanup Bill

Eastern Navajo Dine Against Uranium Mining (ENDAUM), alongside the Southwest Research Information Center (SRIC) and many other environmental justice organizations, fought hard against uranium mining industry-friendly legislation throughout the 2008 New Mexico State Legislative Session, only to see SB487 (Ulibarri) become the final bill to be voted upon during the closing minutes of the session.

If signed in to law, SB487 would create an industry-biased source for cleanup of abandoned uranium mines because it ties cleanup of mining sites to production from new uranium mining and mills -- which many residents of impacted communities oppose. The bill would also absolve companies that created abandoned uranium mines from responsibility, and pre-empt efforts to inventory abandoned uranium mines and their past operators, and develop recommendations for a state Superfund for abandoned uranium mines.

The organizations are now encouraging New Mexicans to contact Governor Bill Richardson (505-476-2200) to veto the legislation in lieu of a critical analysis to understand clean-up needs and the industry's impact on New Mexican communities' health. For more information, please contact Leona Morgan, of ENDAUM at leona.morgan@yahoo.com.

According to a call to action issued by SAGE Council:

SB 487/a is disguised as a uranium cleanup bill, but only invites uranium companies to reopen their mines and add to the already devastating affects to both the environment and the health of the people. The bill, sponsored by Senator Ulibarri, passed the Senate floor just minutes before the session ended. Please call the Governor and ask him to VETO THIS BAD URANIUM BILL!

Don Wiviott Guest Blog: Good Jobs, A Healthier Planet & Freedom from Foreign Oil

This is a guest blog by Don Wiviott, Democratic candidate for Congress in New Mexico's Third District:

It’s time for action.

Gas costs over $3 a gallon and it’s climbing. Home heating prices are up 11% this year and prices continue to climb. The Middle East provides 17% of America’s oil and that percentage is growing. Global warming continues unabated. And, our shaky economy means too many New Mexicans are worried about their jobs.

It’s time to harness our potential both as a country and in northern New Mexico.

When it comes to wind, solar and geo-thermal power, rural New Mexico is to renewable energy what Saudi Arabia is to oil. We have the best scientists at Los Alamos to harness and develop the latest energy technologies. We can create jobs now by encouraging spin-off companies from the Lab and producing local energy through wind, solar, and locally grown crops. And we have hard working people who are looking for stable, good paying jobs with good benefits.

It’s time to be bold.

It’s time to slash welfare for big oil corporations and invest that money in the clean technologies of the future. By reducing big oil’s windfall subsidies, we’ll free up funds that can be used for tax credits and subsidized loans that will allow more New Mexicans to buy clean, environmentally sustainable technology. And some of those funds will also be invested in sustainable energy research, innovative new energy companies and clean energy production right here in New Mexico.

It’s time to lead.

When I talk about using clean energy to create jobs and opportunity, I’m not talking about an abstract, impossible challenge. I’m talking about successful, locally owned business.

I studied the causes and cures for global warming in college. I launched a successful business in Santa Fe that has energy efficiency at its core. And, last year I joined Governor Richardson to push legislation that promotes solar power.

As a businessman, I know that building a prosperous, clean energy economy is possible. I’ve created hundreds of jobs building environmentally sustainable communities. And with your help, I want to bring my fresh perspective and new ideas to Washington – a place that needs bold leadership, not more career politicians.

But I’m not waiting until I get to Washington to lead. As I did earlier this year when I filed a lawsuit to ensure that New Mexicans could have a choice on their primary ballot, right now I’m promoting sustainable energy development by touring the 3rd Congressional District in a van powered by cooking oil from Santa Fe’s Flying Tortilla. At a time when gas is three dollars a gallon, we’ve got a Dodge diesel that can run for virtually free on locally produced energy.

Our green van is cheap to operate and great for the environment. It's proof that even a large New Mexico car or truck can be clean, green and fun to drive. That’s why we’re out spreading the message that with a bold, new investment in the clean technologies of the future, we can both create good paying jobs in New Mexico and make clean, environmentally sustainable technologies available for hard working New Mexico families.

I’ll see you on the campaign trail!

This is a guest blog by NM-03 Democratic Congressional candidate, Don Wiviott. Click to visit his .

If you'd like to submit a post for consideration as a guest blog, contact me by clicking on the Email Me link on the upper left-hand corner of the page.

NM Senate Finance Retaliates Against Air, Land, Water Protections

This is alarmingly childish and damaging: As reported in today's Albuquerque Journal: "The budget (HB 2) by the Senate Finance Committee ... would cut money and legal staff for two state agencies that have drawn criticism from some legislators for proposed tougher regulations on the oil and gas industry and vehicle emission standards."

Governor Richardson's blog also weighs in on the cuts: "The Senate Finance Committee tucked cuts into its version of the state budget that would essentially punish state agencies that have the audacity to hold oil and gas companies accountable for protecting New Mexico’s environment. The budget cuts look like an effort to retaliate against tough but fair rules and regulations implemented by the Richardson Administration to protect the environment."

Conservation Voters of New Mexico released the following statement today on the clearly retaliatory actions by Senate Finance, which is chaired by Sen. John Arthur Smith, a Deming Democrat:

SANTA FE – Conservation Voters New Mexico and many of its ally environmental organizations are calling for the reinstatement of $500,000 in cuts against important positions in the Environment Department and the Energy, Minerals and Natural Resources Department (EMNRD) by the State Senate Finance Committee. The cuts remove four staff attorneys from the Energy, Minerals and Natural Resources Department and two staff attorneys from the Environment Department. Those staff positions serve as important resources to agencies such as the Environmental Improvement Board and the Oil Conservation Division, who under the authority of state statue, have been working to strengthen protections against environmental and health threats such as vehicle emission air pollution and ground water contamination throughout New Mexico.

“These agencies have worked diligently to protect the health and well being of New Mexicans -- and as a result they’re being punished by a handful of legislators,” said Sandy Buffett, Executive Director of Conservation Voters New Mexico. “I imagine these legislators have kids and grandkids who depend on clean air and clean water. It’s truly baffling what would motivate them to put the interest of polluters ahead of our childrens’ health and the well-being of the environment that they will inherit.”

With this action, the resources for these six staff attorneys will be diverted to positions within the Attorney General’s Office. “This re-shuffling appears to be in direct retaliation for the environmental and energy agencies doing their job,” adds Buffett. 

Conservation Voters New Mexico is organizing constituents in each of the related legislator’s districts to call upon them to reverse this action and return funding for the six FTEs into House Bill 2. A conference committee of the House and Senate Leadership is expected to take the matter up later this week.

For more information, please contact Sandy Buffett, Executive Director of Conservation Voters New Mexico, at 270-5743.