Federal judge rules Trump can appear on NM ballots - Santa Fe New Mexican, KUNM News
A federal judge has dismissed an effort to keep former President Donald Trump off the state’s 2024 ballots.
The Santa Fe New Mexican reports John Anthony Castro filed a lawsuit in New Mexico and other states last year, asserting he was a fellow Republican presidential candidate, and so had standing to challenge Trump’s eligibility to run.
Castro alleged the former president should be barred from the ballot for his role in the January 6 attack on the U.S. Capitol in 2021, which he contended violated the 14th Amendment.
Judge Matthew Garcia dismissed the suit Friday based on Castro’s questionable status as a GOP candidate.
In his opinion, Garcia wrote that Castro provided “no concrete proof of campaign operations within the state or contributions from New Mexico voters.”
Castro has appealed.
Colorado and Maine have barred Trump from appearing on their primary ballots, though both decisions are being challenged in court.
The first nominating contest in the 2024 presidential election takes place Monday night with the caucuses in Iowa.
Early childhood department requests $800 million from state budget - By Susan Dunlap, New Mexico Political Report
The New Mexico Early Childhood Education and Care Department is requesting $800 million for Fiscal Year 2025 from the state budget.
The department made its budget request this week to the House Finance and Appropriations Committee this past week.
The request would expand childcare assistance eligibility, expand access to high-quality infant and toddler child care, continue expansion of the agency’s pre-K and early pre-K programs and increase state investment in quality and workforce supports, according to a news release.
Bill Jordan, interim co-director and government relations officer for New Mexico Voices for Children, said one of the nonprofit’s legislative priorities for 2024 is to see full funding for early childhood services. He said NMVC doesn’t want to see lawmakers slack off on expanding early childcare services now that the 1.25 percent additional distribution from the Land Grant Permanent Fund is helping to expand ECECD’s services.
After a 10-year fight, a constitutional amendment went before the voters in the state to increase the Land Grant Permanent Fund by 1.25 percent. Some of the additional dollars goes to the Public Education Department but the majority of the money became available to ECECD starting July 1, 2023.
The ECECD’s budget request for FY2025 would provide:
- $75 million to maintain expanded child care assistance eligibility and expand access to high-quality care for infants and toddlers through contracted slots
- $33 million to serve up to 2,700 additional children in PreK and Early PreK
- $30 million to improve quality supports for childcare and PreK, coaching and professional development on early literacy and social and emotional development, and improve the compensation of infant and toddler teachers
General fund special appropriation requests for FY2025 include:
- $7 million to increase the number of families participating in evidence-based home visiting that is funded through Medicaid through incentives and a more coordinated intake and referral system
- $3 million to increase child care supply through low-interest loans for child care businesses
State officials say Doña Ana Co. water had ‘systemic failures by management’— By Danielle Prokop, Source New Mexico
New Mexico environmental officials issued an unusual report Friday, detailing their findings into the cause of an “uncommon” water quality issue at a Doña Ana county water utility from December.
While the report identified issues that caused high pH sent to homes at the end of 2023, it also listed dozens of serious defects that could affect the water system’s daily operations, including concerns leading to “high levels of arsenic” being sent to customers.
The 132-page report is broken into two sections. It leads with documents that show how “systematic failures by management” led to a multi-day “do not drink” order for about 1,000 households in early December 2023.
In a press release, the New Mexico Environment Department said utility management and staff had several key failures causing water with an “extremely high” pH to be sent to customers.
State environment inspectors concluded that a pH sensor malfunction, combined with a failure of utility staff to recognize the water treatment failure led to too much caustic soda entering the treatment process, and raising the pH levels of water.
The agency also said the utility failed to look into customer complaints in the days before the order, failed to test monitoring equipment and did not inform the public that facilities used to treat arsenic were offline “periodically over the past year.”
“While many of New Mexico’s water utilities face challenges from lack of staff, funding, and the changing climate, our investigation identified that CRRUA failed at multiple levels and showed a disregard for operating under basic state and federal regulations,” said Drinking Water Bureau head Joe Martinez.
JC Crosby, the interim director for Camino Real Regional Utility Authority, did not respond to texts, emails or voicemails left on Friday.
Water utilities have a “legal and moral obligation” to provide safe drinking water, said John Rhoderick, who directs the Water Protection Division at the New Mexico Environment Department.
“CRRUA repeatedly failed to follow basic protocols in water management, implement safeguards to ensure compliance, and inform their customers when they fell short,” Rhoderick said in the statement.
A sanitary survey of CRRUA operations on two consecutive days beginning Dec. 5 makes up the second portion of the report. It notes that the utility had 58 “significant deficiencies” that are causing or might pose potential threats to public health.
Staff concerns, such as an operator in charge “was not familiar with the arsenic treatment process,” or that staff were not trained on drinking water regulations, are highlighted in the report.
Facility and management issues were also noted.
Some deficiencies include a lack of alarms or automatic shutdowns for when treatment chemicals are out of acceptable range, no emergency plans, and leaks in treatment chemical storage tanks.
Previously, the water utility’s seven-member governing board promised to schedule a public hearing after the release of state investigation. No meetings are currently posted on the Camino Real Regional Utility Authority website.
The utility may face fines from the state in the future, if it fails to meet deadlines set by the agency, said Matt Maez, a spokesperson for the New Mexico Environment Department.
FINDINGS FROM THE HIGH PH INVESTIGATION
State environment inspectors provided additional details about the December water quality incident, including a timeline and narrative. It reinforced the preliminary cause that the utility added too much caustic soda during treatment.
Officials met Camino Real Regional Utility Authority staff at the Santa Teresa Industrial Park Arsenic Treatment Plant on Saturday, Dec. 2, just 24 hours after the “do not drink” order was issued.
That plant has several wells that provide drinking water for the community, and is supposed to be disinfected using chlorine and have arsenic removed, the report said.
Geology in the area causes arsenic to be concentrated in groundwater at higher amounts than allowed by federal drinking water standards (10 parts per billion), according to the utility.
The Santa Teresa Industrial Park Arsenic Treatment Plant is able to treat up to 4.5 million gallons of water daily.
Part of that process, the report said, is injecting sulfuric acid into the water high in arsenic, causing a reaction, and eventually allowing another process to filter arsenic out. After the arsenic removal, caustic soda is added to neutralize the water and raise the pH before it’s sent to storage tanks, and eventually, customers.
New Mexico Environment Department inspectors found as much as 1,484 gallons of caustic soda may have been injected into the water supply, causing the high pH levels, which were at levels that were unsafe to drink, bathe in or wash dishes.
“NMED staff were unable to calculate the exact amount of caustic soda injection due to the lack of monitoring, process control and recordkeeping by CRRUA operations staff,” investigators wrote.
The probe, which helps detect pH levels of treated water, could have failed as early as Nov. 21, investigators said. Readings are attached to the report that show significantly abnormal pH levels.
“The pH sensor displaying a negative value should have indicated a treatment failure to CRRUA operations staff,” the report stated.
Additionally, state environment officials concluded the utility “also failed to fully investigate complaints from customers” who had alerted Camino Real Regional Utility Authority to “slimy water” as early as Nov. 28.
Caustic soda can cause a “soapy” or “slick” feeling to the touch, according to the report, potentially explaining the complaints from customers.
58 SIGNIFICANT DEFICIENCIES
State officials said the utility needs to immediately address dozens of shortfalls in operation and management across the entire Camino Real Regional Utility Authority.
Immediate corrections included training the operator on arsenic treatment and required checks of chemical-testing equipment.
Investigators said that Camino Real Regional Utility Authority must provide arsenic treatment and documentation by no later than Dec. 31, 2023.
It’s unclear if CRRUA has provided documentation to address these deficiencies from the report.
“At the time of the sanitary survey, three of four arsenic treatment plants were intentionally bypassed, allowing untreated water into the distribution system,” the report said.
State officials say CRRUA has a long line of other fixes.
In the next two to three months the utility must address leaks that left caustic soda to build up “three inches deep” around tanks, create an emergency response plan, install alarms and automatic shutdowns during emergencies, buy replacement equipment to continue treating water, check to see how much water is lost every year and require staff to attend trainings on the state’s drinking water regulations.
Within the next six months to a year, New Mexico environment officials said the utility must build splash pads to reduce erosion around a crucial tank for Sunland Park and perform an inspection for every storage tank that holds water.
In addition to the significant deficiencies the utility is legally required to address, environment department inspectors also recommended the utility add safety features, to prevent fines from other agencies, such as the federal Occupational Safety Health Administration (OSHA).
In areas using gaseous chlorine, the agency suggested the utility install safety features, such as push bar doors, ventilation systems and alarms.
Bill would fund ‘grow your own’ healthcare - By Susan Dunlap, New Mexico Political Report
Legislation that seeks to appropriate $1.1 million to the University of New Mexico Health Sciences Center’s Office for Diversity, Equity and Inclusion communities to careers program could help address shortages in the healthcare industry in New Mexico, said the bill’s sponsor.
While healthcare provider shortages are a national problem exacerbated by the COVID-19 pandemic, New Mexico’s healthcare provider shortage is particularly acute, especially in rural areas. The OB-GYN shortage has led to the New Mexico Hospital Association and New Mexico Human Services Department to propose establishing a telehealth prenatal and postpartum program for rural patients last fall.
State Rep. Pamelya Herndon, D-Albuquerque, sponsored the bill and defined HB 35 as a “grow your own” program when she spoke to NM Political Report this week. The program isn’t just aimed toward college students and medical school but also provides funding for programs for K-12 to encourage youth to think about careers in the medical profession.
Herndon said one way it can help a high school student is by encouraging that student to start as a licensed practical nurse, or LPN, immediately out of high school. The student can then continue to rise up in the nursing ranks to become a registered nurse, or RN, or move onto medical school to become a doctor, she said.
Dr. Valerie Romero-Leggott, a medical doctor and vice president and Diversity, Equity & Inclusion executive officer at UNM Health Sciences Center, said through email that the programs offer pathways to help diverse K-12 students create an interest in health care careers and build student confidence so that the students realize these professional career paths are attainable for them.
“With New Mexico short thousands of health care workers, it is encouraging to see the New Mexico Legislature consider funding long-standing, dedicated programs that help close that gap and improve health and well-being for our communities,” Romero-Leggott said through email.
Herndon said she hopes that, ultimately, allocating state funds into the programing will have the long-term impact of helping to address New Mexico’s maternal mortality rate, which is higher than the national average for women of color.
“Look at [former tennis star] Serena Wiliams. She has a lot of money but she almost died in childbirth,” Herndon said, referring to Black maternal mortality rates.
Nationally, Black and Indigenous women have three and two times higher rates of death caused by pregnancy-related illness, according to a recent report by KFF, a nonprofit source for health policy research and news.
“It’s important to have a diverse group of medical providers to address health,” Herndon said.
Herndon said the bill is also important to help ensure that individuals who have been excluded from professional fields and institutions of higher learning in the past now feel included.
“It’s not that anybody is being excluded but it’s a way of including people who often are excluded,” Herndon said.
States with big climate goals strip local power to block green projects - By Joey Cappelletti And John Hanna Associated Press
Clean energy developers had planned a 75-turbine wind farm in mid-Michigan's Montcalm County before local voters shot down the idea in 2022 and recalled seven local officials who had supported it.
About 150 miles (240 kilometers) southeast, Clara Ostrander in Monroe County found herself at the center of a similar conflict as rising medical costs forced her and her husband to consider selling land her family has owned for 150 years.
Leasing a parcel to an incoming solar farm could save the property, but neighboring residents complained so vehemently that Ostrander said the township changed its zoning to block the project.
"There are people in this township I will never, ever speak to again," she said.
Local restrictions in Michigan derailed more than two dozen utility-scale renewable energy projects as of last May, according to a study by the Sabin Center for Climate Change Law at Columbia University. Nationwide, and at least 228 restrictions in 35 states have been imposed to stop green energy projects.
The conflicts have hindered many states' aggressive timelines for transitioning to cleaner energy production, with the ultimate goal of eliminating carbon pollution within the next two decades.
Michigan and more than a dozen other states are seeking to upend the decision-making process by grabbing the power to supersede local restrictions and allow state authorities to approve or disapprove locations for utility-scale projects.
The shift has sparked a political backlash that may escalate as more states seek to simplify getting green energy projects approved and built.
"We can't allow projects of statewide importance that are critical to our state energy security to be vetoed on purely local concerns," said Dan Scripps, chair of Michigan's Public Service Commission.
Scripps and two other commission members now have the power to site large-scale renewable energy projects in the state under legislation passed by Michigan lawmakers and signed by Democratic Gov. Gretchen Whitmer in November.
Michigan joined Connecticut, New York, Oregon and Minnesota in requiring utility providers to transition to 100% carbon-free electricity generation by 2040. A sixth state, Rhode Island, is shooting for 100% renewable energy by 2033. The goals are consistent with the Biden administration's target of carbon pollution-free electricity by 2035 and a net-zero emissions economy by 2050. Other states have long-standing goals lower than 100%.
But many local officials say giving states the power to site large-scale energy projects clashes with cherished U.S. political principles. Local officials, they say, are the public servants closest to and most directly accountable to voters. They argue that's especially important when it comes to land use and what gets built near homes.
In Kansas, Osage County's moratorium on commercial solar and wind projects came in 2022 after multiple hearings. County Commissioner Jay Bailey said the decision reflected most residents' concerns. Even after all the hearings and discussions, he said he just didn't feel he had enough information about the effects of large turbines or solar farms.
"Here's the difference," he said. "If you allow them, you can't go back and change it, but if you don't allow them, you can always change it."
In other places, such as the Flint Hills of Kansas — home to most of the nation's remaining tall grass prairie — moratoriums on energy projects stem from environmental concerns.
But even with the restrictions in place in parts of Kansas, renewable energy has boomed there. Wind farms now provide 47% of the state's electricity, up from 7% in 2010. The gains came as the clean energy lobby worked steadily to counter opposition from the state's Republican-controlled Legislature.
Elise Caplan, vice president for regulatory affairs at the nonprofit American Council on Renewable Energy, said local rules restricting green energy facilities are "not really based on science." Projects can benefit local environments by retiring generating plants powered by fossil fuels, she said.
Michigan has pursued its clean-energy goals by rapidly developing facilities where there's ample farmland. It's a choice that can divide rural communities, as it did in the Monroe County case in which Ostrander sought to lease property for a solar farm.
Michigan's new siting law could revive the project.
"No one's forcing this on us," Ostrander said. "This was something we decided and felt it would be good for us to build to keep our property in the family."
Michigan is unusual in that its more than 1,200 townships have the power to enact and enforce zoning ordinances. Twenty of the state's 83 counties have passed ordinances blocking or delaying wind or solar developments.
Scripps, the chair of Michigan's Public Service Commission that can now override those restrictions, has said an additional 209,000 acres (84,579 hectares) will be needed for projects to hit the state's 60% renewable energy goal by 2035. It's a massive increase from the 17,000 acres (6,880 hectares) currently being used.
Developers will still need to go through local communities to approve projects, Scripps said. But if the project is denied, and meets the state's criteria to proceed, the three-person commission can overrule the local decision and approve solar projects with a capacity of 50 megawatts or greater and wind projects with a capacity of 100 megawatts.
A 2023 law in Illinois limits local authorities' power and bans moratoriums on clean-energy projects. In addition to Michigan, the Columbia University study reported that state boards or agencies in California, Connecticut, New York and Rhode Island control decisions about siting projects. Local rules also can be bypassed by the state in Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, Florida and South Dakota.
Local government groups in Michigan have overwhelmingly opposed the new law giving the state power to site projects, saying it creates a "one-size-fits-all" process. Citizens for Local Choice, a group with four state lawmakers, announced in early January that it will try put the issue before Michigan voters in November, which would require collecting nearly 357,000 signatures by May 29.
Green energy advocates are frustrated by what they often see driving local opposition to projects: A fear of change, widely circulating misinformation about wind turbines and solar panels and a desire by suburbanites who move to rural areas to preserve views.
Josh Svaty, who assists renewable energy companies seeking county-level approval and lobbies for them at the Kansas Statehouse, decries how opponents can make local officials' lives "absolutely miserable." Yet, he said, he still believes in local decision making.
"County governments — city governments, the same way — they are designed to be accessible to their citizens," Svaty said. "So you can go to that planning and zoning meeting and if you want to say your view, you can do that."
CYFD puts foster teens in lockup over Thanksgiving — Searchlight New Mexico
Officials with the state Children, Youth and Families Department moved a half-dozen foster kids staying in the agency’s office building to a locked facility for teens with a history of violence and mental illness.
Searchlight New Mexico reports this happened over the Thanksgiving holiday. The foster children were moved to the Sequoyah Adolescent Treatment Center in Albuquerque and stayed in cell-like rooms with cinderblock walls.
One teen told Searchlight that he and other foster youth were kept separate from the general population, but he also said some of the residents threw rocks at them.
After Thanksgiving, the agency moved some of the foster kids to a CYFD office building in Albuquerque, which is also considered an inappropriate placement, and several of them ran away.
A CYFD spokesperson told Searchlight that six foster youth were placed in a cottage at Sequoyah over Thanksgiving to make sure they were comfortable. They were supervised by CYFD staff. She added that staff provide gifts for everyone in offices over the holiday season and cook meals for children in CYFD care staying there.
This latest revelation comes amid years of evidence that CYFD is routinely putting vulnerable children in inappropriate foster placements, in violation of a 2020 lawsuit.
3 teens face charges in Christmas Day youth facility disturbance, Albuquerque sheriff says — Associated Press
teens are facing charges including assault following what sheriff's officials termed a "major disturbance" on Christmas Day at a youth detention center in Albuquerque, sheriff's officials said Friday.
The Bernalillo County sheriff's office said in a statement that the three males, ages 16 and 17, were among the detainees involved in the incident that media reports said lasted about five hours Dec. 25 and left three people with minor injuries. Friday's statement put damage to the county Juvenile Detention Center at more than $100,000.
Sheriff John Allen said previously that 13 detainees gained control of a unit of the facility, covered cameras and may have wielded scissors, broomsticks and other makeshift weapons.
Detainees raised complaints about food, bathroom access, clean laundry and strip searches, according to parents, advocates and some lawmakers who rallied this week for better conditions at the juvenile holding facility.
Allen traced problems to staffing shortages and antiquated protocols and said an investigation was continuing. He also noted that some detainees were dangerous and were being held to face serious charges, including murder.
The charges announced Friday against the three teens include damage to property, tampering with evidence and conspiracy to commit unlawful assault. Their names were withheld because of their ages.
Democratic lawmakers in New Mexico take aim at gun violence, panhandling, retail crime and hazing — Morgan Lee, Associated Press
New Mexico's governor presented a broad suite of legislative proposals on gun control and enhanced penalties for violent crime Friday, vowing to forge new pathways through the complex landscape of constitutional law in the wake of the U.S. Supreme Court's 2022 decision to expand gun rights.
The announcements by Gov. Michelle Lujan Grisham, a second-term Democrat, puts public safety at the forefront of a 30-day legislative session that starts Tuesday. The fast-paced session is limited to budget negotiations — and initiatives chosen by the governor.
"The constitutionality questions are beginning to be very complicated in the arena of gun violence," Lujan Grisham said. "We are going to continue this effort, following what is going on around the country. ... There will be others who will follow in our footsteps, creating their own public safety corridors, which in effect also make New Mexicans safer."
Germane proposals will include a ban on guns at public parks and playgrounds with felony penalties for violations — expanding a hallmark of the governor's ongoing declaration of a public health emergency related to gun violence and drug abuse.
The governor's emergency orders, which suspend the right to carry firearms at parks and playgrounds in Albuquerque in response to a string of shootings that have killed children, is being challenged by gun advocates in federal court. Meanwhile the state Supreme Court is considering whether the governor overstepped her authority under state law.
Democratic legislators are seeking a 14-day waiting period for background checks on gun purchases and a minimum age set to 21 on purchases of semiautomatic rifles and shotguns.
A proposal from Democratic state Rep. Andrea Romero of Santa Fe would place new limitations on assault-style weapons aimed at reducing a shooter's ability to fire off dozens of rounds a second and attach new magazines to keep firing.
A list of more than 20 public-safety bills, sponsored mostly by Democratic legislators, extend beyond gun safety to a panhandling ban and expanded criminal provisions related to retail theft as local stores have resorted to padlocking clothes. The proposals also include felony penalties for teachers and coaches who ignore hazing incidents in the wake of alleged locker-room assaults involving New Mexico State basketball players.
Republicans in the legislative minority vowed to oppose bills that infringe on Second Amendment rights, and the fate of gun restrictions may hinge on a handful of Democratic lawmakers in regions of the state with a strong culture of gun ownership.
Republican Senate Leader Craig Baca of Belen said deliberations about crime on Friday "took a hyper-partisan turn with the announcement of several anti-Second Amendment measures targeting New Mexico gun owners who only want to protect themselves and their families."
New Mexico receives nearly $68 million in federal funding for EV charging — New Mexico Political Report
New Mexico will receive nearly $68 million dollars for electric vehicle charging infrastructure from the federal government from the Bipartisan Infrastructure Law.
New Mexico Political Report’s Hannah Grove writes the funding is part of a $623 million-dollar nationwide investment in EV infrastructure and comes as President Joe Biden’s administration works toward a goal of making at least 500-thousand chargers publicly available by 2030.
The largest portion of New Mexico’s share will go towards building two TeraWatt charging stations for commercial electric trucks along I-10 in Hidalgo and Doña Ana counties.
The two stations in New Mexico will each feature nine pull-through stalls. Each of those will be equipped with both a 350 kilowatt and a 1 megawatt direct current fast charger. They’ll be located near Lordsburg and Vado.
Additionally, Santa Fe County will receive a little over $3 million dollars to build a network of 33 fast chargers and level-2 charging stations at 13 sites, including areas in under-served communities near county transportation hubs, as well as places with multi-family affordable housing.
Finally, Taos will get $500-thousand dollars to install six publicly available fast EV chargers in parking lots at three community buildings, including the town Visitor Center.
Democratic lawmakers in New Mexico take aim at gun violence, panhandling, retail crime and hazing — Morgan Lee, Associated Press
New Mexico's governor presented a broad suite of legislative proposals on gun control and enhanced penalties for violent crime Friday, vowing to forge new pathways through the complex landscape of constitutional law in the wake of the U.S. Supreme Court's 2022 decision to expand gun rights.
The announcements by Gov. Michelle Lujan Grisham, a second-term Democrat, puts public safety at the forefront of a 30-day legislative session that starts Tuesday. The fast-paced session is limited to budget negotiations — and initiatives chosen by the governor.
"The constitutionality questions are beginning to be very complicated in the arena of gun violence," Lujan Grisham said. "We are going to continue this effort, following what is going on around the country. ... There will be others who will follow in our footsteps, creating their own public safety corridors, which in effect also make New Mexicans safer."
Germane proposals will include a ban on guns at public parks and playgrounds with felony penalties for violations — expanding a hallmark of the governor's ongoing declaration of a public health emergency related to gun violence and drug abuse.
The governor's emergency orders, which suspend the right to carry firearms at parks and playgrounds in Albuquerque in response to a string of shootings that have killed children, is being challenged by gun advocates in federal court. Meanwhile the state Supreme Court is considering whether the governor overstepped her authority under state law.
Democratic legislators are seeking a 14-day waiting period for background checks on gun purchases and a minimum age set to 21 on purchases of semiautomatic rifles and shotguns.
A proposal from Democratic state Rep. Andrea Romero of Santa Fe would place new limitations on assault-style weapons aimed at reducing a shooter's ability to fire off dozens of rounds a second and attach new magazines to keep firing.
A list of more than 20 public-safety bills, sponsored mostly by Democratic legislators, extend beyond gun safety to a panhandling ban and expanded criminal provisions related to retail theft as local stores have resorted to padlocking clothes. The proposals also include felony penalties for teachers and coaches who ignore hazing incidents in the wake of alleged locker-room assaults involving New Mexico State basketball players.
Republicans in the legislative minority vowed to oppose bills that infringe on Second Amendment rights, and the fate of gun restrictions may hinge on a handful of Democratic lawmakers in regions of the state with a strong culture of gun ownership.
Republican Senate Leader Craig Baca of Belen said deliberations about crime on Friday "took a hyper-partisan turn with the announcement of several anti-Second Amendment measures targeting New Mexico gun owners who only want to protect themselves and their families."
EPA sets out rules for proposed 'methane fee' for waste generated by oil and natural gas companies — Matthew Daly, Associated Press
Oil and natural gas companies for the first time would have to pay a fee for methane emissions that exceed certain levels under a rule proposed Friday by the Biden administration.
The proposed Environmental Protection Agency rule follows through on a directive from Congress included in the 2022 climate law. The new fee is intended to encourage industry to adopt best practices that reduce emissions of methane and thereby avoid paying.
Methane is a climate "super pollutant" that is more potent in the short term than carbon dioxide and is responsible for about one-third of greenhouse gas emissions. The oil and natural gas sector is the largest industrial source of methane emissions in the United States, and advocates say reduction of methane emissions is an important way to slow climate change.
Excess methane produced this year would result in a fee of $900 per ton, with fees rising to $1,500 per ton by 2026.
EPA Administrator Michael Regan said the proposed fee would work in tandem with a final rule on methane emissions EPA announced last month. The fee, formally known as the Methane Emissions Reduction Program, will encourage early deployment of available technologies to reduce methane emissions and other harmful air pollutants before the new standards take effect, he said.
The rule announced in December includes a two-year phase-in period for companies to eliminate routine flaring of natural gas from new oil wells.
"EPA is delivering on a comprehensive strategy to reduce wasteful methane emissions that endanger communities and fuel the climate crisis," Regan said in a statement. When finalized later this year, the proposed methane fee will set technology standards that will "incentivize industry innovation'' and spur action to reduce pollution, he said.
Leading oil and gas companies already meet or exceed performance levels set by Congress under the climate law, meaning they will not have to pay the proposed fee, Regan and other officials said.
Sen. Tom Carper, chairman of the Senate Environment and Public Works Committee, said he was pleased the administration was moving forward with the methane fee as directed by Congress.
"We know methane is over 80 times more potent than carbon dioxide at trapping heat in our atmosphere in the short term,'' said Carper, D-Del. He said the program "will incentivize producers to cut wasteful and excessive methane emissions during oil and gas production."
New Jersey Rep. Frank Pallone, the top Democrat on the House Energy and Commerce Committee, said oil and gas companies have long calculated that it's cheaper to waste methane through flaring and other techniques than to make necessary upgrades to prevent leaks.
"Wasted methane never makes its way to consumers, but they are nevertheless stuck with the bill," Pallone said. The proposed methane fee "will ensure consumers no longer pay for wasted energy or the harm its emissions can cause.''
Republicans call the methane fee a tax that could raise the price of natural gas. "This proposal means increased costs for employers and higher energy bills for millions of Americans," said Sen. Shelley Moore Capito, R-West Virginia.
The American Petroleum Institute, the oil and gas industry's largest lobbying group, slammed the proposal Friday and called for Congress to repeal it.
"As the world looks to U.S. energy producers to provide stability in an increasingly unstable world, this punitive tax increase is a serious misstep that undermines America's energy advantage,'' said Dustin Meyer, API's senior vice president of policy, economics and regulatory affairs.
While the group supports "smart" federal methane regulation, the EPA proposal "creates an incoherent, confusing regulatory regime that will only stifle innovation and undermine our ability to meet rising energy demand,'' Meyer said. "We look forward to working with Congress to repeal the IRA's misguided new tax on American energy."
Fred Krupp, president of the Environmental Defense Fund, called the proposed fee "common sense,'' adding that oil and gas companies should be held accountable for methane pollution, a primary source of global warming.
In a related development, EPA said it is working with industry and others to improve how methane emissions are reported, citing numerous studies showing that and oil and gas companies have significantly underreported their methane emissions to the EPA under the agency's Greenhouse Gas Reporting Program.
The climate law, formally known as the Inflation Reduction Act, established a waste-emissions charge for methane from oil and gas facilities that report emissions of more than 25,000 metric tons of carbon dioxide equivalent per year to the EPA. The proposal announced Friday sets out details of how the fee will be implemented, including how exemptions will be applied.
The agency said it expects that over time, fewer oil and gas sites will be charged as they reduce their emissions in compliance with the rule.