Court Blocks Oil and Gas Drilling on New Mexico's Otero Mesa

Written in 2005, the Bush plan for Otero Mesa opened to oil and gas drilling more than 90 percent of public lands under the federal Bureau of Land Management's jurisdiction in the area between El Paso, Texas and Carlsbad, New Mexico.

The state of New Mexico filed a lawsuit in federal court challenging the new oil and gas development plan claiming it violates the National Environmental Policy Act and the Endangered Species Act.

A coalition of eight conservation groups filed a companion lawsuit making similar claims.

Federal District Court Judge Bruce Black ruled against the conservation groups and state of New Mexico, both of which appealed, resulting in this decision.

The appeals court ruled that the Bush energy development plan illegally failed to consider protection for Otero Mesa and the Salt Basin Aquifer.

New Mexico Attorney General Gary King said, "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," said King. "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."

Alamo Mountain, Otero Mesa (Photo by Paul Garland)

The 10th Circuit reversed Judge Black on most issues concerning the propriety of issuing oil and gas leases on Otero Mesa.

Attorney General King says the Bureau of Land Management 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; conduct further analysis before leasing.

The Attorney General's Office worked with the state Energy Minerals and Natural Resources Department, Department of Game and Fish, State Historic Preservation Division, Environment Department and the Office of Governor Bill Richardson to bring the lawsuit.

According to the Coalition for Otero Mesa, this is the first time in New Mexico history that the state has sued the federal government over a public lands issue.

Otero Mesa is one of the last undisturbed areas of Chihuahuan desert with the nation's largest contiguous patch of a prairie grass called black gramma grass, which takes decades to re-establish.

Conservationists have inventoried Otero Mesa and found more than 520,000 acres suitable for wilderness designation. The mesa is inhabited by hundreds of species of plants, mammals, reptiles, birds and insects and is a refuge for a host of rare species, including the endangered Aplomado falcon.

"They aren't making landscapes like New Mexico's Otero Mesa anymore, which is why this ruling protecting the area is so important," said attorney Jim Angell of Earthjustice, who represented the conservation groups.

"This is a wide, natural area, brimming with native wildlife where this part of America is pretty much the same as it was when Columbus landed," said Angell. "There are places where the country can go for its energy needs, but there are others, like Otero Mesa, that deserve our respect and protection."

The Bush administration plan replaced an earlier, much narrower, oil and gas development plan that restricted development to areas near existing roads.

"The court's ruling underscores what has been at the heart of the Otero Mesa debate for the past eight years," said Nathan Newcomer, associate director of the New Mexico Wilderness Alliance. "The BLM made oil and gas development in Otero Mesa the number one priority over the values of wilderness, wildlife and water, and it's time now for the agency to own up to its responsibilities and do what is right for this special place."

"The BLM cannot simply decide to risk the utter destruction of irreplaceable resources like Otero Mesa and ignore public and scientific concerns," said Nada Culver, senior counsel with The Wilderness Society's BLM Action Center. "The 10th Circuit has sent a clear message to the BLM that the agency must protect all of our natural resources and ensure that any decisions are based on actual facts and science."

Earthjustice represented the National Wildlife Federation, New Mexico Wildlife Federation, New Mexico Wilderness Alliance, Southwest Environmental Center, The Wilderness Society, Sierra Club, the Natural Resources Defense Council, and Forest Guardians.

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