New Mexico State Land Office bans oil and gas near public schools

Oil and gas operations were banned on state land in New Mexico within a mile of public schools, per an executive order issued Thursday by Commissioner of Public Lands Stephanie Garcia Richard.

The order was intended to address concerns from the State and environmental groups that fossil fuel operations near schools could subject children to associated health problems.

It also called on New Mexico officials to review oil and gas leases on State Trust land for their potential impacts to nearby schools, and compliance with state laws.

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This included obligations to plug and remediate abandoned wells, clean up spills and follow air quality standards.

Garcia Richard, during a press conference announcing the order said extraction should not occur near schools as it could imperil New Mexico's children.

She called on lawmakers to pass legislation making the moratorium state law.

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"There is no reason to greenlight operations that produce dangerous pollutants so close to schoolkids when we have millions of acres of state lands to work with," Garcia Richard said.

"Ultimately, we need a public health buffer around schools enshrined in state law, and this order provides an opportunity to engage the Legislature, regulatory agencies and other stakeholders on developing a comprehensive and long-term solution."

The move was cheered by environmentalists throughout New Mexico in the Permian Basin region to the southeast and San Juan Basin in the northwest corner of the state.

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Kayley Shoup with Carlsbad-based Citizens Caring for the Future said the order would help protect children in frontline communities from health impacts she said were inherent in fossil fuel production.

"Let's hope this order puts an end to kids paying for their education with their health," Shoup said. "Kids growing up in the Permian Basin will all live with the consequences of climate change, but they shouldn't also have their bodies harmed from the start by toxic oil and gas pollution."

Samuel Sage with the Counselor Chapter of the Navajo Nation pointed to Lybrook Elementary in Counselor, New Mexico that Sage said was adjacent to oil and gas operations, putting students at risk.

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"It's outrageous that kids at schools like Lybrook Elementary are exposed to toxic emissions from oil and gas every day," he said. "These are vital protections for communities like ours. We hope all state agencies get the message that they need to do more to protect kids and communities."

While oil and gas provides about a third of New Mexico's budget each year, and most of the revenue generated by the State Land Office which funds schools, attorney Gail Evens with the Center for Biological Diversity said this funding should not come at the expense of child health.

"This order addresses the grim irony that the oil and gas industry provides funding to these schools, while simultaneously poisoning the children who attend them," Evans said. "Protecting our kids from oil and gas pollution is crucial, but we need health-and-safety setbacks across New Mexico."

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Support also came from educators in New Mexico as Mary Parez-Sanchez, president of the National Education Association New Mexico said health effects caused by proximity to oil and gas could disrupt learning.

"As educators, we see too often how health problems including asthma and respiratory conditions harm students and can lead to lifelong health issues," Parez-Sanchez said. "Growing children are vulnerable to the health impacts of air pollutants, and as citizens we must do everything we can to protect our children."

Jim Winchester, president of the Independent Petroleum Association of New Mexico (IPANM) was critical of the order as he argue it was not based on measurable health outcomes.

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"IPANM agrees that safe and reasonable setbacks are necessary between certain production sites and schools, however, we have concerns that the distance to be enforced under the State Land Office's assumed discretionary authority is arbitrary and isn't based on any definitive evidence of health impacts," Winchester said in a statement.

He also contended the order lacked input from the industry, arguing facilities should be evaluated individually for their potential threats to schoolchildren.

"While it would have been appropriate for the State Land Commissioner to consult with industry before issuing this order carte blanche, we will work with her office on a case-by-case basis if there are particular tracts of land that might otherwise be safely and responsibly developed to provide critical revenues to improve New Mexico's school," Winchester said.

Adrian Heddencan be reached at 575-628-5516,[email protected] or@AdrianHedden on Twitter.