Chalk up another win against the feds today. The state of New Mexico and a coalition of environmental groups have won their effort to stop oil and gas drilling on Otero Mesa in southern New Mexico.
Otero Mesa is the largest public expanse of Chihuahua Desert grassland that is still in an undisturbed state. The Bureau of Land Management had green lighted development of the majority of the mesa, but met stiff opposition from the state of New Mexico and environmental organizations in court.
Losing in federal district court, the challenge against the BLM decision moved to the 10th Circuit Court of Appeals, which ruled that the BLM’s “plan-analysis” didn’t comply with a federally mandated study called NEPA.
“This is great news for those who believe as I do that the preservation of Otero Mesa is critical to the health of people, wildlife and the environment in southeastern New Mexico,” Attorney General Gary King said in a statement. “This decision confirms the position of the Attorney General’s Office that the Otero Mesa development plan did not properly take into consideration all the environmental impacts to the habitat and protection of groundwater in the area so this is a huge victory for us.”
The AG’s statement said the 10th Circuit reversed most of the district court’s decisions, and said the BLM will likely have to “complete an environmental impact statement on the entire Otero Mesa management plan; at least consider totally closing Otero Mesa to development; show more evidence for conclusions about impacts on the area’s aquifer and; [and] conduct further analysis before leasing.”
The Attorney General’s Office worked closely with the state Energy Minerals and Natural Resources Department, Department of Game and Fish, State Historic Preservation Division, Environment Department and the Governor’s office to bring the lawsuit.