Judge sides with conservative group in its push to access, publish voter rolls online - By Morgan Lee Associated Press
New Mexico election officials violated public disclosure provisions of the National Voter Registration Act by refusing to provide voter rolls to a conservative group and its public online database, a federal judge has ruled.
The opinion and order Friday from Albuquerque-based U.S. District Court Judge James Browning mostly sided with the Voter Reference Foundation and its efforts to expand a free database of registered voters so that groups and individuals can take it upon themselves to try to find potential irregularities or fraud.
Election officials in several states and privacy advocates have raised alarms about a push by several conservative groups to gain access to state voter rolls, saying the lists could find their way into the hands of malicious actors and that voters could be disenfranchised through intimidation, possibly by canceling their registrations to avoid public disclosure of their home addresses and party affiliation.
New Mexico election law bans the publication of voter registration data. It restricts the use of the data to political campaigning and noncommercial government purposes. But Browning ruled that system "severely burdens the circulation of voter data among the public" and violates federal disclosure requirements.
"The data sharing ban largely deprives individuals and entities of the ability to engage with disclosed records in such a way that facilitates identification of voter registration-related irregularities," Browning wrote.
His ruling builds on a federal appeals court ruling in February that Maine must release its voter list to another conservative-backed group, the Public Interest Legal Foundation, that's conducting independent audits by comparing voter rolls in one state against those in another.
The Voter Reference Foundation's VoteRef.com database so far includes information from 32 states and the District of Columbia. It is run by Gina Swoboda, an organizer of former President Donald Trump's 2020 re-election campaign in Arizona who was chosen in January as chair of the Arizona Republican Party.
"We are very gratified that the court has upheld the right of the public to have meaningful access to vote rolls," Swoboda said in a statement by email. "The intent of the public disclosure provision of the National Voter Registration Act is clear: namely, to allow the public to view the voter lists and associated list maintenance records to ensure proper voter list maintenance is being conducted. With this opinion the citizens of New Mexico can be assured of transparency in this key part of our elections process."
Swoboda did not say how soon New Mexico voter list might be posted online. The foundation obtained New Mexico voter rolls through a vendor and first posted the records online in 2021, leading to a referral for potential prosecution. The foundation took the information offline and sued.
The New Mexico secretary of state's office will appeal the order, said agency spokesman Alex Curtas.
Secretary of State Maggie Toulouse Oliver, a Democrat, "will continue to do everything in her power to advocate for the protection of voters' personal information and ultimately encourage voter participation," Curtas said in an email.
Curtas praised portions of the judge's order that dismissed the foundation's allegations that New Mexico engaged in free speech violations under its restrictions on the use of voter information.
Baseless claims of widespread voter fraud largely fueled by Trump's insistence the 2020 presidential election was stolen are part of what's driving conservative groups' efforts to obtain the voter rolls, leading to lawsuits seeking voter registration data in several states, including Pennsylvania.
The Pennsylvania Office of Open Records has refused to hand over voter information to the Voter Reference Foundation, saying that publishing it would put every registered voter at greater risk of identity theft or misuse of their information.
Pennsylvania officials prevailed in state court, and the foundation in February sued in federal court to obtain the voter rolls, citing provisions of the National Voter Registration Act.
John Davisson, director of litigation at the Washington-based Electronic Privacy Information Center, said the federal rulings in New Mexico and Maine preserve state voter confidentiality programs for assault and stalking victims that conceal home addresses but otherwise would "essentially eliminate" state discretion on the release of voter lists.
"States have until now adopted confidentiality safeguards around voter data that vary in their details," he said. "This is really cutting that all away and saying you can't place those kinds of restricts on data disclosure."
Archaeological site is discovered within the boundaries of Holloman Air Force Base in New Mexico - Associated Press
An archaeological site that might shed more light on New Mexico's ancient history has been discovered recently within the boundaries of Holloman Air Force Base.
Base officials said geomorphologists and members of the 49th Civil Engineer Squadron environmental flight uncovered a campsite in early March that's about 8,200 years old and belonged to some of the state's first settlers.
Matthew Cuba, the squadron's cultural resource manager, said the formation of white sand dunes inadvertently buried the site with windblown silt protecting the archaeological remains.
"This site marks a pivotal moment in shedding light on the area's history and its early inhabitants," Cuba said.
He said digs at the site have turned up about 70 items ranging from flake stones to a rare example of an early ground stone.
"We also uncovered a series of hearths, or community campsites, with remnants of mesquite charcoal, which is a tremendous find in and of itself," Cuba said.
He said the site is one of 400 archaeological discoveries found within the boundaries of Holloman, which was built in 1942 and is located 6 miles southwest of Alamogordo in south-central New Mexico.
Environment officials ask state authorities to look into Southern NM utility - Danielle Prokop, Source New Mexico
New Mexico state agencies are taking a closer look at the Camino Real Regional Utility Authority at the request of environmental regulators.
The state’s top environmental official penned a letter recently requesting the state’s top prosecutor and auditor investigate the southern New Mexico utility for “potential violations of consumer protection laws, and possible waste, fraud and abuse,” of public money.
In the March 14 letter, New Mexico Environment Department Secretary James Kenney said the agency has been in negotiations over years on issues, including the utility’s violations of arsenic levels in drinking water.
“NMED is aware of millions of dollars that CRRUA has received to achieve mandated arsenic levels, yet the arsenic issues persist,” Kenney wrote.
The New Mexico Department of Justice is “actively investigating,” spokeswoman Lauren Rodriguez told Source NM Monday but provided no additional details beyond a response letter acknowledging Kenney’s complaint.
The department highlighted $4.2 million in federal loans the state passed to the utility. Lawmakers also granted$100,000 in capital outlay for the Camino Real Regional Utility Authority to replace a water well in 2023.
In December, regulators said the utility had “intentionally” diverted water from three of its four treatment plants, allowing water untreated for arsenic to go to the public. The utility failed to tell the public or state regulators about the bypass, and sent water with “high levels of arsenic” that violated state and federal safety standards for more than a year, according to the state agency.
Arsenic naturally occurs in high levels in the region, but if consumed over time, even in very small amounts, can pose greater risks of diseases such as diabetes, cancers, and can contribute to heart and lung diseases and skin problems, according to theEnvironmental Protection Agency.
“Despite the significant funding made available to CRRUA, NMED’s concerns include a complete disregard for consumer protections and lack of accountability related to proper use of this funding to protect public health,” the letter stated.
In response to questions from Source New Mexico, the New Mexico State Auditor’s Office issued a written statement that acknowledged it received the letter and said the agency had referred the request to the Special Investigations Division, to review if any action should be taken. Christopher Hall, the assistant general counsel at the agency, said that the auditor has not received additional complaints about CRRUA.
In late November, a cascade of water-quality incidents triggered concerns about the long-term safety of the water for the 19,000 people living in the border communities of Santa Teresa and Sunland Park. It started with a “do not drink” order the utility issued overhigh-alkaline water sent to homes.
The utility’s then-executive director told Source NM he was aware there were concerns with the waterdays before telling the public.
Executive Director Brent Westmoreland abruptly quit – calling it a retirement in subsequent interviews – after the board did notrenew his contract.
An investigation into the water quality incident culminated in a 132-page report that environmental officials released in December, reporting the utility had “systemic failures by management.” This included sending drinking water with arsenic to customers.
Neither members of the utility’s board nor the interim executive director John Carlos Crosby gave interviews, instead the utility issued a written statement in response to Source NM questions.
“We at CRRUA face ongoing criticism and negativity and understand that customers are sometimes unhappy and frustrated. But I want to assure them that we have made many improvements and continue to move forward in providing reliable service and quality water,” said Crosby. “What we were handed did not occur overnight and cannot be fixed overnight. But we continue to achieve positive results and we thank our customers for their patience and understanding.”
The written statement emphasized the utility was making progress in addressing the 58 significant deficiencies, by pointing to achecklist of the violations it has addressed published on the utility’s website. It also highlighted its posts on social media, including a YouTube video onarsenic treatment.
Board Chair Susana Chaparro, who is also a Doña Ana County Commissioner, requested additional funding for the utility.
“We’re proud of our achievements and ongoing improvements at CRRUA since the new administration began in January,” Chaparro said. “This is a perfect opportunity for our state and federal elected officials to help our constituents by supporting CRRUA’s efforts in spirit and with funding,” Chaparro said.
Both said the utility will “fully cooperate with any investigation to the greatest extent possible.”
The utility has contested the $251,580 fine the New Mexico Environment Department issued in early March over the incident, requesting an administrative hearing. Attorneys for the utility said in filings that the utility did not use the arsenic treatment plants because of a “failure to obtain repair parts in a timely manner,” disputing that it was intentional.
State officials are still concerned about water quality, said Sydney Lienemann, the deputy secretary of administration said in an interview Monday.
“We never like to see water being delivered to customers that is above the (maximum contaminant level),” she said. “Certainly, things happen. But this is, I would say, a sizeable problem, a sizable constituency that is served by this utility, and their customers and members deserve better.”
The Camino Real Regional Utility Authority met a deadline to submit an emergency response plan by March 31, but the state agency was still reviewing it, said Matthew Maez, a spokesperson for the New Mexico Environment Department.
Required quarterly tests for arsenic published last week showed that one of the 10 samples, in the Industrial Park area of Santa Teresa, exceeded the federal standard.
“Our concern is that we’re continuing to see arsenic levels above the (federal standard), even in just that one sample,” Lienemann said.
A spokesperson for the Camino Real Regional Utility Authority declined to further comment Monday on NMED’s publication of the arsenic results.
First human case of bird flu in Texas detected after contact with infected dairy cattle - Neelam Bohra, The Texas Tribune via Source New Mexico
A person in Texas became ill with bird flu after contact with infected dairy cattle, state officials reported Monday.
It’s the first human case of the highly pathogenic strain of avian influenza in Texas, and it’s the second recorded in the U.S., according to the health alert state officials issued.
“The risk to the general public is believed to be low; however, people with close contact with affected animals suspected of having avian influenza A(H5N1) have a higher risk of infection,” the alert said.
The patient’s primary symptom was conjunctivitis, or eye redness, according to the alert.
State officials recommend that clinicians should “consider the possibility” of infection in people who have symptoms and a potential risk for exposure, including those who have had close contact with someone infected, contact with affected animals, or contact with unpasteurized milk from dairy farms with infections.
Symptoms can include a fever, cough, sore throat, runny or stuffy nose, headaches, fatigue, eye redness, shortness of breath, diarrhea, nausea, vomiting, or seizures. The illness can range from mild to severe, and health care providers who come across someone who may have the virus should “immediately consult their local health department,” according to the alert.
Because eye redness has been observed in these infections before, health care providers like optometrists and ophthalmologists “should be aware of the potential of individuals presenting with conjunctivitis who have had exposure to affected animals,” according to the alert.
The strain, novel avian influenza A(H5N1), started infecting dairy cattle in the Panhandle last week, in another blow to the Texas cattle industryafter thousands were lost in historic Texas wildfires. Similar outbreaks were reported at dairies in Kansas and New Mexico.
Lauren Ancel Meyers, professor and director of the Center for Pandemic Decision Science at the University of Texas at Austin, said there is a lot of uncertainty at this point.
“On the positive side, it seems like this was a very mild case and it’s the only case that’s been identified so far,” Meyers said. “But at the same time, it seems like there’s quite a bit of this virus that has been detected in cattle populations. Anytime a virus jumps into a new species, especially a rapidly evolving virus like influenza — we need to be approaching it with the utmost caution and vigilance to make sure we really understand the situation.”
The U.S. Department of Agriculture said there is no safety concern to the commercial milk supply. Consumer health is also not at risk, the department said. The milk from impacted animals is being dumped or destroyed and will not enter the food supply.
Archaeological site discovered within the boundaries of Holloman Air Force Base in New Mexico - Associated Press
An archaeological site that might shed more light on New Mexico's ancient history has been discovered recently within the boundaries of Holloman Air Force Base.
Base officials said geomorphologists and members of the 49th Civil Engineer Squadron environmental flight uncovered a campsite that's about 8,200 years old and belonged to some of the state's first settlers.
Matthew Cuba, the squadron's cultural resource manager, said the formation of the white sand dunes inadvertently buried the site with windblown silt protecting the archaeological remains.
"This site marks a pivotal moment in shedding light on the area's history and its early inhabitants," Cuba said.
He said digs at the site have turned up about 70 items ranging from flake stones to a rare example of an early ground stone.
"We also uncovered a series of hearths, or community campsites, with remnants of mesquite charcoal, which is a tremendous find in and of itself," Cuba said.
He said the site is one of 400 archaeological discoveries found within the boundaries of Holloman, which was built in 1942 and is located 6 miles (9.6 kilometers) southwest of Alamogordo in south-central New Mexico.
Sen. Heinrich and other Democrats introduce abortion services grant bill – Megan Myscofski, KUNM
Senator Martin Heinrich added his support to a bill that would bring money to states where demand for abortion services and other reproductive health care has gone up.
The number of people traveling out-of-state for such care has nearly doubled since the U.S. Supreme Court overturned Roe v. Wade in 2022.
Over two-thirds of New Mexico’s abortion patients are from out-of-state. That has put a strain on providers in the state.
The grant would provide $200 million for each of the next four years to help providers in places like New Mexico that have had to adjust to higher rates of out-of-state patients.
The grant would be available to hospitals, clinics, local and Tribal governments and non-profit providers.
The bill will likely have a tough time getting through the Republican-led House of Representatives.
Uranium is being mined near the Grand Canyon as prices soar and the US pushes for more nuclear power - By Susan Montoya Bryan, Associated Press
The largest uranium producer in the United States is ramping up work just south of Grand Canyon National Park on a long-contested project that comes as global instability and growing demand drive uranium prices higher.
The Biden administration and dozens of other countries have pledged to triple the capacity of nuclear power worldwide in their battle against climate change, and policy changes are being adopted by some to lessen Russia's influence over the supply chain.
But as the U.S. pursues its nuclear power potential, environmentalists and Native American leaders remain fearful of the consequences for communities near mining and milling sites in the West and are demanding more regulatory oversight.
The new mining at Pinyon Plain Mine near the Grand Canyon is happening within the boundaries of the Baaj Nwaavjo I'tah Kukv National Monument that was designated in August by President Joe Biden. The work was allowed to move forward since Energy Fuels Inc. had valid existing rights.
Low impact with zero risk to groundwater is how Energy Fuels spokesman Curtis Moore describes the project.
The mine will cover 17 acres (6.8 hectares) and operate for just a few years, producing at least 2 million pounds (about 907,000 kilograms) of uranium — enough to power the state of Arizona for at least a year with carbon-free electricity, he said.
"As the global outlook for clean, carbon-free nuclear energy strengthens and the U.S. moves away from Russian uranium supply, the demand for domestically sourced uranium is growing," Moore said.
Energy Fuels, which also is prepping two more mines in Colorado and Wyoming, was awarded a contract in 2022 to sell $18.5 million in uranium concentrates to the U.S. government to help establish the nation's strategic reserve for when supplies might be disrupted.
Amid the growing appetite for uranium, a coalition of Native Americans testified before the Inter-American Commission on Human Rights in late February, asking the panel to pressure the U.S. government to overhaul outdated mining laws and prevent further exploitation of marginalized communities.
Carletta Tilousi, who served for years on the Havasupai Tribal Council, said she and others have written countless letters to state and federal agencies and have sat through hours of meetings with regulators and lawmakers. Her tribe's reservation lies in a gorge off the Grand Canyon.
"We have been diligently participating in consultation processes," she said. "They hear our voices. There's no response."
Numerous legal challenges aimed at stopping the Pinyon Plain Mine repeatedly have been rejected by the courts, and top officials in the Biden administration are reticent to weigh in beyond speaking generally about efforts to improve consultation with Native American tribes.
It's just the latest battle over energy development and sacred lands, as tribes in Nevada and Arizona are fighting the federal government over the mining of lithium and the siting of renewable energy transmission lines.
The Havasupai are concerned mining could affect water supplies, wildlife, plants and geology throughout the Colorado Plateau, and the Colorado River flowing through the Grand Canyon and its tributaries are vital to millions of people across the West.
For the Havasupai, their water comes from aquifers deep below the mine.
The Pinyon Plain Mine, formerly known as the Canyon Mine, was permitted in 1984. With existing rights, it was grandfathered into legal operation despite a 20-year moratorium placed on uranium mining in the Grand Canyon region by the Obama administration in 2012.
The U.S. Forest Service in 2012 reaffirmed an environmental impact statement that had been prepared for the mine years earlier, and state regulators signed off on air and aquifer protection permitting within the last two years.
"We work extremely hard to do our work at the highest standards," Moore said. "And it's upsetting that we're vilified like we are. The things we're doing are backed by science and the regulators."
The regional aquifers feeding the springs at the bottom of the Grand Canyon are deep — around 1,000 feet (304 meters) below the mine — and separated by nearly impenetrable rock, Moore said.
State regulators also have said the area's geology is expected to provide an element of natural protection against water from the site migrating toward the Grand Canyon.
Still, environmentalists say the mine raises bigger questions about the Biden administration's willingness to adopt favorable nuclear power policies.
Using nuclear power to reach emissions goals is a hard sell in the western U.S. From the Navajo Nation to Ute Mountain Ute and Oglala Lakota homelands, tribal communities have deep-seated distrust of uranium companies and the federal government as abandoned mines and related contamination have yet to be cleaned up.
Taylor McKinnon, the Center for Biological Diversity's Southwest director, said allowing mining near the Grand Canyon "makes a mockery of the administration's environmental justice rhetoric."
"It's literally a black eye for the Biden administration," he said.
Teracita Keyanna with the Red Water Pond Road Community Association got choked up while testifying before the human rights commission in Washington, D.C., saying federal regulators proposed keeping onsite soil contaminated by past operations in New Mexico rather than removing it.
"It's really unfair that we have to deal with this and my children have to deal with this and later on, my grandchildren have to deal with this," she said. "Why is the government just feeling like we're disposable. We're not."
In Congress, some lawmakers who come from communities blighted by past contamination are digging in their heels.
Congresswoman Cori Bush of Missouri said during a congressional meeting in January that lawmakers can't talk about expanding nuclear energy in the U.S. without first dealing with the effects that nuclear waste has had on minority communities. In Bush's district in St. Louis, waste was left behind from the uranium refining required by the top-secret Manhattan Project.
"We have a responsibility to both fix — and learn from — our mistakes," she said, "before we risk subjecting any other communities to the same exposure."