KUNM News Update

MON: Trial in 2023 Oñate shooting canceled after defendant takes plea deal, + More

KUNM | By KUNM News

Published October 7, 2024 at 5:43 AM MDT

First Judicial District Judge Jason Lidyard’s courtroom in Tierra Amarilla was prepared for trial but empty on Monday afternoon. The trial was canceled on Monday morning, during the first hours of jury selection. — Last year, Albuquerque authorities closed an encampment in the city's Coronado Park

Trial in 2023 Oñate shooting canceled after defendant takes plea deal - By Austin Fisher, Source New Mexico

The attempted murder trial of a man who shot a Native activist at a protest over a controversial monument in northern New Mexico was canceled at the 11th hour.

In what local prosecutors are framing as “a surprise change of events,” Ryan Martinez on Monday morning pleaded no contest to aggravated battery against Jacob Johns and aggravated assault with a deadly weapon against Malaya Peixinho.

In general, pleading no contest means agreeing to the facts laid out by prosecutors, but not admitting guilt.

Martinez was recorded on video shooting Johns, a Hopi and Akimel O’odham climate activist and artist from Washington state. Johns was there to celebrate county officials’ decision not to reinstall a statue depicting genocidal Spanish conquistador Juan de Oñate.

First Judicial District Attorney Mary Carmack-Altwies said Martinez “came into our community, armed with a firearm, to create and stir political discord, which resulted in a violent attack on Mr. Johns and other protesters.”

“This type of violence in our Rio Arriba community will not be tolerated, and I commend the resolve and commitment of Mr. Johns and other victims involved in this senseless tragedy,” Carmack-Altwies said, according to a news release from her office.

Marshall Ray, one of Martinez’s defense attorneys, said he “firmly asserts he acted in self defense and never intended to be part of a violent encounter that day.”

“He hopes that entering into this no contest plea agreement brings closure to everyone involved and he looks forward to moving on with his life,” Ray said in an emailed statement.

The agreement includes a nine-and-a-half year sentence, including four years in state prison.

The plea deal means a much shorter sentence than was possible for Martinez, who was facing charges of attempted murder, assault, and reckless driving, along with hate crime and firearm enhancements.

It remains unclear why exactly prosecutors offered Martinez the deal. One possibility is they would not have been able to draw a jury who would find him guilty. The plea deal was struck just a couple hours after jury selection began in the case.

VICTIMS REACT

Martinez was the third Trump supporter in New Mexico to be charged with a politically-motivated shooting in as many years, following a 2020 shooting at an Oñate statue in Albuquerque (charges related to the shooting were dropped in that case) and a series of shootings at Democratic officials’ homes, allegedly carried out by failed Republican candidate Solomon Peña.

Mariel Nanasi is the civil attorney for the two alleged victims in the case, Jacob Johns and Malaya Peixinho. All three said what Martinez did on Sept. 28, 2023 was a hate crime.

“This was a racially motivated hate crime by a MAGA proud gun toting crazed man who came to a peaceful prayer ceremony with a fully loaded live gun,” Nanasi said. “Martinez put everyone at risk. Jacob and Malaya paid the price with their lives and the entire community has been traumatized.”

Nanasi on Monday shared a copy of the email Martinez sent to the Rio Arriba County manager two days before the shooting, when he learned county officials had postponed the statue ceremony, he wrote, “Has the ceremony really been cancelled (sic) tomorrow morning??My statue won’t return?”

No police officers were present during the shooting, according to a Source New Mexico reporter who witnessed it happen.

“Despite the proximity of the police and their knowledge aforethought about Ryan Martinez’ mistaken belief that it was his statue and that Oñate should be resurrected and put on display at the Rio Arriba County administrative buildings, and, critically that they had ‘intelligence’ that violence was likely, the Espanola police and Rio Arriba County Sheriffs were nowhere to be found,” Nanasi said. “They failed to protect us.”

In a statement of his own, Johns said Martinez was “motivated by hatred,” the plea deal is “a continuation of colonial violence,” and the broader criminal process is “reflective of the systemic white supremacy that Indigenous peoples face.”

Prosecutors agreed to dismiss the hate crime enhancement, according to the agreement.

“Just imagine if I shot a person at a MAGA rally or a Christian prayer service, I’d be put away for life,” Johns said. “And all we were doing was having a peaceful sunrise ceremony — we went there to pray and our prayers were answered because the Oñate statue still does not stand.”

In her own statement, Peixinho said the plea deal is lighter than what she believes is appropriate, “however it shows our desire for conflict resolution.”

“This horrifying attempted murder will stay with me for the rest of my life,” Peixinho said. “It traumatized me and my community — some people were afraid to even go grocery shopping or leave the house.”

Since Martinez entered a plea for a felony, he can no longer ship, receive, possess or own any firearms or ammunition.

“It is important to understand that in this time of out-of-control gun violence Ryan Martinez will never be permitted to brandish or own any weapons again,” Peixinho said.

Johns said he was angry but wanted to express that “Indigenous prayers and lifeways work.”

“Pueblo people will always stand together and maintain a continuity of resistance to white supremacy and the destruction of the Earth,” he said.

Hot-air balloon bumps line, causing brief power outage during Albuquerque balloon fiesta - Associated Press

A hot-air balloon bumped into a power line in northeast Albuquerque on Monday, leaving nearly 13,000 customers of a major electric utility without power for nearly an hour, authorities said.

Monday marked the third day of the 52nd annual Albuquerque International Balloon Fiesta.

The state's largest electricity provider, Public Service Company of New Mexico, said the incident occurred at 8:35 a.m. and affected 12,730 customers.

Fiesta spokesman Tom Garrity said the pilot was the only person aboard and landed the balloon safely and wasn't hurt. The man's name wasn't released and there was no immediate word on what caused the incident.

The balloon fiesta is one of the most photographed events in the world, drawing hundreds of thousands of spectators each fall to New Mexico to see more than 100 balloons in bright colors and special shapes soaring aloft.

Former LFC chair John Arthur Smith dies - By Nicole Maxwell, New Mexico Political Report

Longtime powerful state senator John Arthur Smith, a conservative Democrat who wielded a large amount of power around the state budget for years, died early Monday morning.

“Today, I join New Mexicans in mourning the loss of Sen. John Arthur Smith, an extraordinary public servant and a cherished colleague and mentor of mine and many other public servants in our state,” Gov. Michelle Lujan Grisham said in a statement Monday. “Senator Smith was committed to fiscal responsibility while consistently aiming to improve quality of life for all New Mexicans. His leadership of the Senate Finance Committee helped put the state on sound financial footing and earned respect from colleagues across the political spectrum. Senator [Smith] was not only a masterful legislator; he was kind and honest. He provided an example of ethical and decent conduct that all elected officials, including those in Washington, D.C., would be wise to follow.”

Lujan Grisham added that “thoughts and prayers are with his wife, Janette, his family, and the countless individuals whose lives he touched. May he rest in peace.”

An announcement about flags being at half-staff in Smith’s honor is forthcoming, she said.

The Senate Majority leadership issued a joint statement, saying “are profoundly saddened” over Smith’s passing.

“As the chair of the Senate Finance Committee, he was a steadfast advocate for fiscal responsibility and community welfare,” the leadership statement said. “His legislative legacy will have a positive impact on our state for generations. Our heartfelt condolences go out to his family.”

Smith’s successor to Senate District 35, Sen. Crystal Brantley, R-Elephant Butte, issued a statement Monday morning.

“Today, I mourn the passing of my predecessor and friend, John Arthur Smith,” she said. “Though we came from opposite ends of the political spectrum, we shared a positive vision for the future of New Mexico through fiscal prudence and economic opportunity.”Smith represented District 35 which borders Arizona and Mexico from 1989 until 2021. Smith lost a primary election in 2020.

He served as LFC chairman in alternating terms with a house member from 2007 until 2020 and Senate Finance Committee chairman from 2008 until 2021.

Current LFC Chairman George Muñoz, D-Gallup, also issued a statement about Smith’s passing.

“Every New Mexican owes a debt to John Arthur Smith,” Muñoz said in a press release. “He protected the state’s finances in good times and bad. He faced criticism for being fiscally cautious but it’s because of him that the state weathered downturns that would have crushed other states. Things were tough during the Great Recession, the collapse in oil prices that followed just years later, and the pandemic but vulnerable New Mexicans never lost services. Senator Smith made sure New Mexico survived those years and was well-positioned for the prosperous years that followed.”

Smith was a real estate appraiser when he was not serving in the legislature or on multiple committees throughout his tenure.

Smith received his bachelor’s degree from the University of New Mexico in 1966 and was involved in southern New Mexico politics beginning in the 1980s, an LFC press release states.

Early voting starts tomorrow at select NM polling locations - By Danielle Prokop, Source New Mexico

Tuesday is a big day in election season, as Oct. 8 marks the start of early voting across New Mexico and is the first day for county clerks to send out absentee ballots previously requested by voters.

Early voting locations are limited at the beginning of the early voting season, with many of them located in county seats. To find a polling place on the New Mexico Secretary of State’s website, or call a local county clerk’s office.

Oct. 8 also closes voter registration online or by mail, but people can still register in-person at the polls using same-day registration.

To register at the polls, people are required to bring photo identification, such as a New Mexico driver’s license. If the photo ID doesn’t match the registration address, state law says the voter will need additional proof of residency. This can include a current utility bill, bank statement, government check, paycheck that shows name and address. Photo IDs can include identification from an Indian nation, tribe or pueblo, or a student ID from an accredited institution, along with a current student fee statement.

Same-day registration can only be used for people voting in-person at the polling location, it cannot be used to request an absentee ballot.

Later this month, county clerks will expand the number of voting locations, opening more on Oct. 19 until early voting ends on Saturday, Nov. 2.

All mail-in ballots must be returned by 7 p.m. on Tuesday, Nov. 5. Absentee ballots can be posted, placed in drop boxes or handed in during office hours to the county clerk’s office. If a voter is unable to mail an absentee ballot, state law says that only the voter, the voter’s caregiver or the voter’s “immediate family” may deliver it for them.

On Tuesday, Nov. 5, Election Day polling locations will open from 7 a.m. until 7 p.m.

Movie armorer on Alec Baldwin's film 'Rust' pleads guilty to gun charge in separate case - By Morgan Lee Associated Press

The weapons supervisor in the fatal shooting of a cinematographer by Alec Baldwin on the set of the Western film "Rust" pleaded guilty Monday to a separate criminal charge of carrying a gun into a licensed liquor establishment.

Movie armorer Hannah Gutierrez-Reed agreed to change her plea to guilty on the charge in exchange for a reduced sentence of 18 months supervised probation.

Judge T. Glenn Ellington approved the agreement that allows Gutierrez-Reed to begin probation while serving out an 18-month prison term for involuntary manslaughter in the fatal shooting of cinematographer Halyna Hutchins at a New Mexico state penitentiary.

In the "Rust" case, prosecutors blamed Gutierrez-Reed for unwittingly bringing live ammunition onto the movie set and for failing to follow basic gun safety protocols.

Gutierrez-Reed shuffled into the Santa Fe courtroom Monday in a beige jumpsuit, handcuffs and ankle shackles to change her plea to guilty and waive her right to trial.

"I'd just like to apologize to the court and thank you for your judgment today," she said.

The case stems from evidence that a few weeks before "Rust" began filming in October 2021, Gutierrez-Reed carried a gun into a downtown bar in Santa Fe where firearms are prohibited.

Special prosecutor Kari Morrissey said Gutierrez-Reed filmed herself in the bathroom of the bar with a handgun — explaining how she snuck in the prohibited firearm in a video that was obtained when authorities searched the armorer's phone during the "Rust" investigation.

Gutierrez-Reed was convicted in March at trial of involuntary manslaughter in the fatal shooting of Hutchins. She has an appeal of that conviction pending in a higher court.

Baldwin, the lead actor and co-producer for "Rust," was pointing a gun at Hutchins during a rehearsal for the film when the revolver went off, killing Hutchins and wounding director Joel Souza.

In July, Judge Mary Marlowe Sommer dismissed an involuntary manslaughter case against Baldwin halfway through a trial based on the withholding of evidence by police and prosecutors from the defense. Morrissey has since asked the judge to reconsider.

Under terms of her plea agreement, Gutierrez-Reed is prohibited while on probation from possessing firearms, consuming alcohol or drugs and must pay $180 in fees while submitting a sample of her DNA to a criminal database and completing an addiction treatment program.

Defense attorney Jason Bowles said the agreement makes it possible for Gutierrez-Reed to be released from prison as soon as June 2025 to complete probation in Arizona without getting an additional felony conviction on her record.

Torrez announces legislation priorities to protect victims of sexual assault - By Susan Dunlap, New Mexico Political Report

New Mexico Attorney General Raúl Torrez unveiled two legislative priorities to expand crime victim protections on Friday.

Torrez held a press conference in Albuquerque to announce the two bills, one called Victim’s Right to Refuse Pretrial Statement or Interview, will be sponsored by state Rep. Tara Jaramillo, D-Socorro. The second, an amendment to the Victims Rights’ Act, will be sponsored by state Rep. Meredith Dixon, D-Albuquerque.

Torrez said the Victim’s Right to Refuse bill would protect minors and adults who have been sexually assaulted from excessive pretrial interviews. The amendment to the Victims Rights’ Act would amend the law to enforce the protections already written into the law by providing a means for civil action if the protections are violated.

Torrez said the bills are important pieces of legislation, in part, because New Mexico is one of the few states that does not guarantee protections for victims of abuse or sexual assault during the judicial process. He said such guaranteed protections already exist at the federal level.

Torrez talked about his own experience as an attorney watching a pretrial interview of a small child who was a sexual assault victim. He said that such interviews can retraumatize the victim. He said the Victim’s Right to Refuse bill would create clear procedures for those pretrial interviews so the victim is “treated with dignity in the process” and if those principles are not upheld, the bill “guarantees the rights will be respected.”

“Even prosecutors will be held accountable,” Torrez said. “Because to do anything less would maintain the status quo treating victims as second-class citizens.”

He said adult victims can refuse to give multiple pretrial interviews or request that the pretrial interview be shortened. Torrez said bills will not impact the right of the accused to face the accuser during a trial before a judge and jury. He said if a case goes to trial, the victim will still have to take the stand and be subject to cross examination in a courtroom.

“This doesn’t have any impact on that right [of the accused],” he said.

But he said that when the judge and jury are not in the present, during the pretrial process, the goal is for the victims not to be retraumatized. He said that, at times, the range of questions the victims are asked in pretrial interviews are “not geared toward guilt or innocence but geared toward intimidating and retraumatizing.”

He said New Mexico experiences high dismissal rates because the state’s judicial system permits re-interrogation of victims. He said that by protecting victim’s rights, there will be higher rates of prosecution of sexual assault crimes of both adults and children and communities will be safer.

“This is a feature of our system that’s been sitting in plain sight for way too long,” he said. “This brings balance and puts justice at the center of the system.”

Tony Ronga, the father of a young woman who was sexually assaulted several years ago by a high school teacher in Las Cruces, spoke during the press conference about the hurt his family experienced because of what he described as a lack of justice for his daughter and other victims. The teacher, Patrick Howard, received probation, which the judge terminated early this year, despite pleas from the family. Howard pleaded guilty to one count of criminal sexual contact with a minor and a count of battery in 2021, according to the Las Cruces Bulletin.

Krisztina Udvardi, chief executive officer of All Faiths Children’s Advocacy Center, said during the press conference that victims should only be interviewed once by highly trained staff. She said a more positive experience in the legal system for victims reduces stress and that unaddressed trauma increases the risk of mental health disorders and broader societal issues.

Jaramillo said during the press conference that the legislation would “ensure victims are protected from unnecessary trauma” and “bring New Mexico in line with the rest of the country.”

Dixon said victims of human trafficking and battery were also being added to the amendment to the Victims Rights’ Act. She said the amendment would also require victims to have seven days’ notice in advance of a court proceeding. She said the amendment would “strengthen protections for victims of crime and make it easier for their voices to be heard.”

Torrez said that he believes these bills will have bipartisan support in the legislature. Though he also said he anticipates a legal challenge if enacted.

“But that’s an important conversation for the judiciary to engage in,” he said.

BernCo to tackle housing during next meeting - By Rodd Cayton, City Desk ABQ

Bernalillo County commissioners Tuesday will consider making affordable housing part of their top legislative priorities for the 2025 session.

They’ll look over a proposed administrative resolution that pushes state lawmakers to provide a financial boost toward local efforts to bolster the housing supply.

The resolution specifically requests the Legislature appropriate $100 million for Housing New Mexico, formerly the New Mexico Mortgage Authority, to support statewide affordable housing and the use of local government set-asides.

The proposed resolution before the commission says the county will need 28,000 new housing units by 2035, including 4,900 units of affordable housing. Those numbers come from a report by Housing New Mexico.

The county and the City of Albuquerque created the Middle Rio Grande Housing Collaborative, an independent joint powers entity, last year to address the area’s affordable housing shortage. The collaborative last month recommended the commission adopt the resolution.

County staff say the county and city have sought to address the shortage of affordable housing through voucher-based programs and other strategies.

However, the agenda states, “the need for housing outstrips all resources currently available to either the county or city.”

Commissioners on Tuesday will also receive an update on the Bridge Boulevard construction project.

That project, which includes reconstruction of the roadway from Young Avenue to La Vega Drive SW, new lighting and drainage and Americans with Disabilities Act-compliant sidewalks and ramps, is expected to be done by Jan. 21.

Advocates, agencies for unhoused prepare for colder temps - Damon Scott, City Desk ABQ

While the weather affects everyone, those who are unhoused face significant exposure and often dire consequences from storms and the fluctuation of hot and cold temperatures. Advocates for those experiencing homelessness in Albuquerque say summer 2024 — one of the hottest on record — was particularly tough for those living on the streets. Many suffered heat exhaustion, dehydration and severe sunburns.

As winter approaches (forecasters say the season could be colder than normal) so do other challenges, including hypothermia, frostbite and the spread of colds and viruses.

Nonprofit organizations, along with city and county agencies, say they’re ready to do more outreach as the demand for overnight shelter beds and other services inevitably rises.

“The most dangerous times are at night when the scant resources are not open. People are left utterly vulnerable,” Ilse Biel, a volunteer with multiple advocacy groups for the unhoused, said. “We have encountered numerous folks outside during cold weather outreach with severe frostbite.”

Biel recalled an encounter last winter with a woman who was lying on a sleet-wet sidewalk with two thin blankets and clothes that weren’t substantial enough to fend off the elements.

“She had lost her possessions and was so frozen,” Biel said. “It was fortunate we chanced upon her when we did.”

Biel was with a volunteer for AsUR New Mexico, an outreach program for women living on the street who helped the woman get into dry clothes with hand and foot warmers. They wrapped her in emergency silver foil blankets.

“We gave her a ground cover, tent, and as many blankets as we had,” Biel said. “Like many folks, she preferred not to have us call any of the formal agencies. She was still alive the next morning, thankfully.”

Biel said when cold weather is particularly threatening, she encourages people to stay at Gateway West — the overnight city shelter with a 660 capacity. But she said its jail-like aesthetic, remote location, and reputation for subpar conditions keeps many away.

“They would still prefer to take their chances outside,” Biel said.

The city has been working this year to make improvements. Five of Gateway West’s 12 dorms have been renovated and 300 new beds have been installed. Officials expect to complete two more dorms and install an additional 120 beds in the next month. There are other interior and exterior improvements underway or on the horizon, but the demand for beds limits how quickly upgrades can be done.

“Throughout winter months, we will continue improvements one dorm at a time to ensure enough beds for those seeking shelter from winter cold,” Health, Housing & Homelessness Department (HHH) spokesperson Connor Woods, said. “When all sleeping dorms have been completed, we will have a recreation room available for activities again and we can begin outdoor improvements.”

City-county collaboration

Unlike for-profit media companies, City Desk's nonprofit newsroom relies on local businesses and community organizations to support our work.

Jessica Jaramillo-Salazar, director of Bernalillo County’s CARE Campus detox center in the International District, works with the city on winter outreach. While the center offers inpatient and outpatient services, it doesn’t operate as an overnight shelter, and many people show up looking for a bed on cold nights.

“We see an increase of clients seeking services due to the cold weather and they are staying longer,” Jaramillo-Salazar said. “The issue is we hit our capacity a lot quicker.”

She said her staff has had success tapping Albuquerque Community Safety (ACS) to transport people to shelters with bed availability. Last winter, an ACS pilot program logged more than 1,000 transports of those living on the streets to emergency shelters.

“For the upcoming winter, we’re expanding this service by hiring more staff and starting the program earlier to better support the community,” ACS spokesperson Jorge Hernandez said.

He said ACS will also leverage the Gateway Center’s first responder receiving area, which has assessment rooms for those who need help short of emergency services.

Meanwhile, HHH officials said this week that the department was in the final stages of “reimagining our approach to our winter plan,” and that details would be released soon.

Encampment sweep setbacks

Biel said encampment sweeps during the winter months are particularly dangerous for those living outside. In addition to identification and important documents, some lose warm clothes, blankets, tents and sleeping bags when items are discarded, she said.

“It becomes very disheartening for those of us doing outreach to hustle to get the warm stuff together, get it out on the streets, and then see items disappear into the dumpsters during displacements only to have to go through the same process again,” Biel said.

The latest point-in-time (PIT) count report released this summer by the New Mexico Coalition to End Homelessness noted that a majority of respondents said they’d lost critical items during encampment sweeps, which were a major impediment toward securing housing.

During next year’s PIT count, scheduled for Jan. 23-29, census workers will for the first time hand out socks, beanies, gloves, scarves, hand warmers and emergency foil blankets.

City policy, meanwhile, is to give illegal campers a 72-hour notice to vacate, offer to store belongings, and be transported to Gateway West for a bed and information on available services.

Ways to help

Hernandez said in addition to supporting shelters and nonprofits through donations, it’s important to keep an eye out.

“During extreme weather conditions, if you see someone who may need assistance, don’t hesitate to call 311 [for] non-emergency situations or 911 [for] emergency situations,” he said.

Biel said many organizations that do street outreach also accept donations, like the Albuquerque Friends Meeting House, AsUR and East Central Ministries. A Light in the Night also maintains an Amazon wishlist where people can purchase donation items.

“Housed people frequently are wonderfully generous,” Biel said. “What would be ideal, though, is if people were to become more aware of their neighbors who are left outside and start handing out those donations themselves.”

Added Hernandez: “A kind gesture or simply checking in with someone in your neighborhood can make a big difference. Showing empathy and concern for others is a powerful way we can all contribute to building a safer, more caring community.”

Supreme Court steps into a fight over plans to store nuclear waste in rural Texas and New Mexico - By Mark Sherman, Associated Press

The Supreme Court agreed on Friday to step into a fight over plans to store nuclear waste at sites in rural Texas and New Mexico.

The justices said they will review a ruling by the 5th U.S. Circuit Court of Appeals that found that the Nuclear Regulatory Commission exceeded its authority under federal law in granting a license to a private company to store spent nuclear fuel at a dump in West Texas for 40 years. The outcome of the case will affect plans for a similar facility in New Mexico.

Political leaders in both states oppose the facilities.

Republican Gov. Greg Abbott of Texas has said his state "will not become America's nuclear waste dumping ground."

The push for temporary storage sites is part of the complicated politics of the nation's so far futile quest for a permanent underground storage facility.

Roughly 100,000 tons (90,000 metric tons) of spent fuel, some of it dating from the 1980s, is piling up at current and former nuclear plant sites nationwide and growing by more than 2,000 tons a year. The waste was meant to be kept there temporarily before being deposited deep underground.

A plan to build a national storage facility northwest of Las Vegas at Yucca Mountain has been mothballed because of staunch opposition from most Nevada residents and officials.

The fight over storing nuclear waste is among 13 cases the justices added to their agenda for the term that begins Monday. Other notable cases include a plea by gun makers to end a lawsuit in which Mexico seeks to blame them for gun violence south of the border and an appeal from a death row inmate in Texas whose execution the high court halted at the last minute in July.

In the NRC case, there are two issues before the justices, which will be argued early next year.

The NRC contends that the states forfeited their right to object to the licensing decisions because they declined to join in the commission's proceedings.

Two other federal appeals courts, in Denver and Washington, that weighed the same issue ruled for the agency. Only the 5th Circuit allowed the cases to proceed.

The second issue is whether federal law allows the commission to license temporary storage sites. Texas and environmental groups, unlikely allies, both relied on a 2022 Supreme Court decision that held that Congress must act with specificity when it wants to give an agency the authority to regulate on an issue of major national significance.

In ruling for Texas, the 5th Circuit agreed that what to do with the nation's nuclear waste is the sort of "major question" that Congress must speak to directly.

The Biden administration told the court that the commission has long-standing authority reaching back to the 1954 Atomic Energy Act to deal with nuclear waste.

The NRC granted the Texas license to Interim Storage Partners LLC for a facility that could take up to 5,000 metric tons of spent nuclear fuel rods from power plants and 231 million tons of other radioactive waste. The facility would be built next to an existing dump site in Andrews County for low-level waste such as protective clothing and other material that has been exposed to radioactivity. The Andrews County site is about 350 miles (563.27 kilometers) west of Dallas, near the Texas-New Mexico state line.

New Mexico officials, led by Democratic Gov. Michelle Lujan Grisham, are opposed to a license the commission granted to Holtec International for a similar temporary storage site in Lea County, in the southeastern part of the state near Carlsbad. The 5th Circuit also has blocked that license.

A decision is expected by the middle of next year.

Mexico's new president promises to resume fight against climate change - By Teresa De Miguel, Associated Press

In her first days as Mexico's new president, Claudia Sheinbaum made a point of distancing herself from the fossil fuel reliance promoted by her predecessor and mentor, Andrés Manuel López Obrador, and vowed to resume an energy transition that he halted.

"We are going to boost renewable energies. The goal is that by 2030, they will have a 45% share (of total electricity production)," she said Tuesday in her first public speech in the capital's Zocalo square, shortly after being sworn in as the country's first woman president.

Specifics are still scant, but her speech marks a sharp departure from the energy policy of former President López Obrador, a fierce defender of fossil fuels who, among other things, spent more than $20 billion to build a new oil refinery and stopped the auctions that had allowed developers to build solar and wind farms in the country.

The president said in the coming days she will unveil an "ambitious energy transition program" aimed at "the reduction of greenhouse gases that cause climate change."

Yet Sheinbaum has also promised to strengthen the nation's Federal Electricity Commission, which owns older plants that mainly burn fossil fuels, and state-owned oil company Pemex.

Even without specifics, experts and environmentalists said the change in rhetoric was notable.

"The terms 'sustainability' or 'renewable energy' really never appeared," in López Obrador's policies, said Rosanety Barrios, who worked for more than a decade at the Mexican Energy Regulatory Commission. "He didn't use the term in any speech, in any document. And she has been using it all the time."

During her campaign, Sheinbaum repeatedly promised to promote renewable energy to meet an increasing demand for electricity, due in part to rising temperatures from climate change. In a speech to Congress, also on Tuesday, with López Obrador sitting a few steps from her, the promises seemed more tangible.

The goal of reaching 45% clean electricity by 2030 is well above the 24% it represented last year, according to the Ministry of Energy. If achieved, Mexico would be back on track to meet the goals of the Paris Agreement, which seeks to keep the global average temperature to no more than two degrees Celsius above pre-industrial levels.

The energy policy promoted by López Obrador led Climate Action Tracker, an organization which evaluates the actions countries take to comply with the Paris Agreement, to downgrade Mexico's rating to "critically insufficient."

In her speech to Congress, the president also announced what would be the country's first ever limit on oil production – 1.8 million barrels per day. All crude oil in Mexico is produced by Pemex, and that amount is approximately what the company produced in 2023 on an average day.

It is far less than the 2.6 million barrels per day López Obrador promised at the beginning of his term.

Sheinbaum recalled that more than a decade ago, a 2013 energy reform promoted by then President Enrique Peña Nieto proposed production of 3 million barrels per day. "That is environmentally impossible," she said. "It is better to promote efficiency and renewable sources."

At the same time, however, Sheinbaum has vowed to "strengthen Pemex" and she never criticized the building of the new Dos Bocas refinery, paying several visits to it with López Obrador.

Experts said Mexico would not be able to increase oil production using traditional methods, because its fields are getting tapped out.

"Mexico has ten years of oil left at its current rate of production, which is modest. Mexico is almost out of oil," said Adrian Fernandez, who holds a PhD in environmental science from Imperial College London and directs the Mexico Climate Initiative, a think tank.

But Fernández nevertheless praised Sheinbaum's words "because it means she is not going to try to increase oil production."

Mexico would have to invest significant money either in hydraulic fracturing, also known as fracking, or deepwater exploration to increase production beyond current levels, he said. Up until now, the country has rejected both of these.

Fernández also said Sheinbaum's speech is "totally consistent with her experience and knowledge." The president has a PhD in energy engineering and degrees in physics, and was part of the United Nations panel of experts on climate change that won the Nobel Prize in 2007.

This week, Sheinbaum saw firsthand the havoc that climate change is wreaking in Mexico. On Wednesday, on her first trip as the country's leader, she visited Acapulco, in the southern state of Guerrero, to assess the damage caused by Hurricane John, which struck the coast first as a hurricane and then again as a tropical storm last week.

The storm left a trail of devastation while the city was still recovering from last year's Hurricane Otis. The strengh of both hurricanes was turbocharged by rising ocean temperatures due to global warming.

But the big question is whether the new president will be able to achieve her goals within Mexico's current legal framework. Before leaving office, López Obrador pushed through a constitutional reform that strongly favors the Federal Electricity Commission.

On one hand, Sheinbaum has supported that legal change and promised the state will keep control of 54% of electricity generation. On the other, she has said she will once again encourage private investment in renewable energy, something the prior government discouraged with rules that favored the state-owned CFE that are still in force.

"From my point of view, the biggest problem Claudia has is legal uncertainty," Barrios said.

— The Associated Press' climate and environmental coverage receives financial support from multiple private foundations. AP is solely responsible for all content. Find AP's standards for working with philanthropies, a list of supporters and funded coverage areas at AP.org.

The debate on new rules for Downtown continues — Elizabeth McCall, City Desk ABQ
A proposal to put more pressure on vacant property owners in Downtown Albuquerque and ban sleeping on sidewalks is back on the table for city councilors to debate Monday.

The proposed downtown vacant buildings and properties ordinance, sponsored by Councilor Joaquín Baca, is expected to lead the night.

The ordinance aims to tackle the vacant building issue and set new rules for sidewalks in Downtown by proposing increased registration fees for vacant property owners and prohibiting “sleeping, sitting, kneeling, crouching or lying down” and carrying banners or signs on sidewalks.