Friday, July 4, 2008 THE NEW MEXICAN A-7
COLORADO
Feds question
if oil, gas rules
apply to them
Record drilling
prompts public
health, safety
proposals
By Judith Kohler
The Associated Press
DENVER — Colorado offi-
cials revamping the state’s oil
and gas rules are taking heat
from an unexpected source: the
federal government.
The U.S. Bureau of Land Man-
agement, overseeing an explo-
sion of gas drilling on federal
land in Colorado, is challenging
the notion that new state regula-
tions would extend to federal
land without BLM’s agreement.
The BLM’s complaints fol-
low vocal opposition from the
industry to new rules being
considered by regulators.
In a June 6 letter to the state, mental reviews and faces strict
Colorado BLM Director Sally
Wisely said her agency believes
“that certain draft rules would
be pre-empted by federal law if
applied to oil and gas operations
on federal lands.” She cited court although the state is consider-
cases and the U.S. Constitution.
Wisely suggested in an earlier many of the federal regulations
letter that the state and BLM
should hash out their differ-
ences to avoid litigation.
She urged the Colorado Oil
and Gas Conservation Commis- rules impede what the BLM’s
sion, the main regulatory body,
to consider updating a long-
standing agreement between
Colorado and the BLM on oil
and gas development to resolve ways. They’re speaking out of
any conflicts.
“We have had a good relation- Steve Torbit, regional executive
ship with the COGCC in terms
of how we worked on these
issues,” BLM spokesman Steven
Hall said. “I think all of those
concerns can be addressed
through the (memorandum of
understanding).”
Dave Neslin, acting director
of the oil and gas commission,
said he plans to meet with fed-
eral officials soon. He said there to Colorado on the spacing of
have been discussions and his
staff recently modified the pro-
posals in response to concerns
about drilling on Indian lands.
“We believe the issues can be
resolved in a manner that works
for both sides,” Neslin said.
State officials, though, have
insisted the rules would apply
to federal land because of the
state’s jurisdiction over water
and wildlife.
The oil and gas commission
Raid: Antlers, heads
will be auctioned off
Continued from Page A-1
charges, was arrested on felony
charges of trafficking with the
intent to distribute and pos-
session of a firearm by a felon,
and a misdemeanor charge of
possession of a controlled sub-
stance. He was booked into the
Santa Fe County jail.
Police alerted the state Depart-
ment of Game and Fish about
the game heads and obtained
a search warrant to investigate.
Inside Martinez’s blue-and-white
mobile home at No. 77 Sunrise
Road, a game officer found
17 mule deer heads and 21 elk
heads, most with antlers and
some shoulder mounted. The
officer also found a stuffed black
bear head, a bobcat hide and
pronghorn antlers. Several of the
bull elk skulls had large six-point
antler racks attached.
The officer said in an affidavit
that he believes Martinez pos-
sessed most of the game heads
and pelts illegally. Game depart-
ment records show Martinez
has had six elk hunting licenses
since 1999 and had a deer hunt-
ing license for this season, which
begins Nov. 1.
Martinez pleaded guilty to
unlawful hunting or fishing in
2001, court documents say.
Dan Brooks, chief of the
Game and Fish Department’s
is expected to vote in August on
rules implementing laws requir-
ing the environment, wildlife
and public health and safety be
given more consideration when
approving development.
Colorado’s natural gas boom
prompted the laws, approved
last year. There were 35,440
active oil and gas wells state-
wide as of June 6.
The state’s record drilling
rates the past few years have
been driven largely by natural
gas development, most of which
is on state or private land.
Late last year, BLM Direc-
tor Wisely sent an editorial to
Colorado papers saying her
agency gets many complaints
about energy development even
though less than 15 percent of it
occurs on federal lands.
Wisely said in a December
interview with The Associated
Press that the BLM is required
to conduct rigorous environ-
regulations, but the state doesn’t
have a comparable process, and
it’s responsible for far more of
the new wells.
BLM spokesman Hall said
ing comprehensive changes,
will still be tougher. He said
the agency doesn’t want to see
existing protections on federal
land watered down or state
been directed to do.
That includes fostering oil
and gas development. “The
feds are trying to have it both
both sides of their mouth,” said
director of the National Wildlife
Federation in Boulder.
Torbit is a wildlife biologist
who worked for the Wyoming
and Colorado state wildlife
agencies and the U.S. Fish and
Wildlife Service.
He said he worked on many
federal environmental reviews,
and the BLM typically deferred
wells.
Torbit contended that has
allowed the BLM to get away
without doing more rigorous
environmental analyses.
Although some of the fed-
eral regulations are stronger
on paper, Torbit said the BLM
often waives requirements
when companies ask. Some
environmental groups and
elected officials have made
similar claims.
law enforcement division, said
the Martinez case was one of
the largest number of confis-
cated wildlife heads and items.
“We’re always concerned when
there are numerous heads, and
we haven’t seen the documenta-
tion,” Brooks said.
Brooks said the department
has accumulated so many con-
fiscated antlers and wildlife
heads that in mid-July the cache
will be auctioned off to the pub-
lic. People will have a chance
to bid on elk, deer and bighorn
sheep antlers at the annual auc-
tion July 19 in Santa Fe. Money
raised at the auction will go to
the department’s game protec-
tion fund, Brooks said.
Contact Staci Matlock at
470-9843 or smatlock@
sfnewmexican.com.
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Ban: Agency recommends raising penalties
Continued from Page A-1
more time is needed to evalu-
A yearlong moratorium imposed by supports oil and gas produc-
tion, was also unavailable.
ate and prepare for possible
impacts of hydrocarbon extrac-
tion.
The EMNRD listed six other
Santa Fe County in February is still
in effect and could be extended.
Richardson’s office did not
return phone calls seeking his
reaction to the reports and the
requests for an extension of the
recommendations, some of
which would constitute major
changes in the way the oil and
gas industry is regulated in
recommending to extend the
moratorium.”
Micou said he is also excited
about the portions of the report
conducted in oil and gas devel-
opment areas in northwestern
and southeastern New Mexico
“indicate significantly elevated
moratorium.
A yearlong moratorium
imposed by Santa Fe County
in February is still in effect and
New Mexico. could be extended six more
One recommendation would
that request more money and
authority for regulation and
rates of asthma, respiratory
illness and cardiovascular dis- months if needed. The county
amend the Oil and Gas Act encourage Santa Fe County ease.” The DOH report also has hired a panel of experts
to give the Oil Conservation to exercise some controls as includes a list of chemicals to help them create policies
Division and the Oil Conserva- well. “The OCD is recognizing used in oil and gas extraction to meet the wave of energy
tion Commission authority to
impose more serious penalties
county authority to regulate, and their corresponding effects production activity currently
sweeping the Western United
and that is very important and on health.
on hydrocarbon producers who wonderful,” Micou said. Bill Dirks, president of Tec- States.
violate existing state laws. Other state agencies that ton Energy, the company that The complete text of the
“It’s meaningless to talk issued reports and recommen- sparked Richardson’s morato- reports created by state agen-
about the requirements the dations include the depart- rium by seeking permits to drill cies on this topic is available on
OCD/OCC could impose on
ments of Cultural Affairs, Tour- for oil in Galisteo last Decem- the EMNRD Web site: www.
oil and gas operations if OCD/
ism, Indian Affairs, Game and ber, couldn’t be reached for emnrd.state.us.
OCC does not have an efficient
Fish, State Engineer, Agricul- comment Thursday.
and practical way of enforcing
ture, Environment and Health. Bob Gallagher, president of Contact Phaedra Haywood
those requirements,” the report
The New Mexico Depart- the New Mexico Oil and Gas at 986-3068 or phaywood@
says.
ment of Health said studies it Association, a trade group that sfnewmexican.com.
Penalty amounts should
be raised so they are in line
with penalties in other indus-
tries, and the agency should
not have to prove violations
were “knowing and willful” to
impose fines, the report further
states.
Amendments should also be
made to the duties of the two
agencies that would allow them
to consider a broader range of
factors when issuing drilling
permits, according to the rec-
ommendations.
“At a minimum … statutory
mandates to protect the envi-
ronment should be expanded to
expressly include the authority
to protect surface water and
ground water,” the report reads.
Richardson enacted the
six-month moratorium and
ordered the studies after public
backlash against a proposed oil
drilling project in the Galisteo
Basin. The state moratorium
on oil and gas drilling in the
basin expires at the end of
this month, although a county
moratorium is in effect until
February.
Johnny Micou, founder of
Drilling Santa Fe, one of several
grassroots organizations that
sprung up to protest oil devel-
opment in the basin, said he is
pleased with the recommen-
dations made in the reports.
“There is some really, really
good stuff in there,” Micou said.
“We are thrilled that they are
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