State lawmakers question PED about meeting new Yazzie/Martinez deadlines- Leah Romero, Source New Mexico
Members of the Legislative Education Study Committee voiced concerns this week about the tight deadline the New Mexico Public Education Department has to meet new court orders in the longstanding lawsuit concerning equitable public education.
The LESC met for the first time during the interim Thursday and received an on the . Parties in the case last month to consider a motion of non-compliance filed by the plaintiffs in September 2024. First Judicial District Court Judge Matthew Wilson agreed with the plaintiffs that the PED has not complied with previous court orders and ruled the state needs to produce a plan for providing equitable education for at-risk students and tracking progress.
According to court documents, the PED must identify an outside expert to assist with the development of the plan and file a status report by July 1. A draft plan must be filed with the court by Oct. 1 and a final plan must be available for review by the court by Nov. 3.
Lawmakers questioned PED representatives about the court order and whether the department will be able to meet Wilson鈥檚 timeline.
鈥淲e are going to do whatever it takes to meet these deadlines,鈥� PED Sec. Mariana Padilla told committee members. 鈥淲e are not starting from scratch鈥e have so much ready to build upon, which is why I feel that this is doable. Is it going to be difficult? Absolutely.鈥�
PED Assistant Secretary of Policy and Technology Greg Frostad told lawmakers that the department is currently working to identify an outside expert 鈥渁s quickly as possible.鈥�
Rep. Patricia Roybal Caballero (D-Albuquerque) encouraged Padilla to take into consideration the voices of stakeholders from outside the PED, including advocacy organizations and the plaintiffs in the suit. She also asked Padilla to use the plaintiff鈥檚 motion as a guide when implementing the plan because it for creating a multicultural and multilingual educational framework; an education workforce; increasing technology access; developing methods of accountability; and strengthening the capacity of the PED.
鈥淲e鈥檙e too programmed,鈥� Roybal Caballero said during the meeting. 鈥淚t takes a great deal of resolve鈥nd commitment to say, 鈥業鈥檓 going to take that bold leap and step outside of what I鈥檓 familiar with.鈥� Trust the experts that come from our state of New Mexico, the experts that have been delivering this core education to our students, despite or in spite of PED, and trust that what they said and stated and presented in the plaintiff鈥檚 motion is valuable.鈥�
President Pro Tempore Sen. Mimi Stewart (D-Albuquerque) said she agreed with her colleague鈥檚 sentiments, but added that she believes the PED 鈥渉as stepped up in a huge way鈥� to address the court鈥檚 original findings in the suit: that the state was not providing Native students, English language learners, low-income students and students with disabilities equitable education they constitutionally have a right to.
鈥淚鈥檒l say that I think part of our issue is that we lost our first judge. [The late] Judge [Sarah] Singleton listened to this for years and ruled, and I believe that she kind of understood where the problems were. But she鈥檚 , and that has, I think, produced all of this lack of focus for all of us,鈥� Stewart said. 鈥淚 think this is a much bigger picture and I like the idea of an outside expert that will come in and look at everything we鈥檝e done鈥ecause we鈥檝e not been doing nothing; we鈥檝e been doing a lot.鈥濃��
Appeals court revives Native American challenge to $10B SunZia energy transmission project - By Susan Montoya Bryan, Associated Press
A federal appeals court has sided with Native American tribes in their fight against the federal government over a $10 billion energy transmission line designed to carry wind-generated electricity from New Mexico to customers as far away as California.
The Tohono O'odham Nation 鈥� along with the San Carlos Apache Tribe, the Center for Biological Diversity and Archaeology Southwest 鈥� sued the U.S. Interior Department and then-Interior Secretary Deb Haaland in 2024. They argued that the agency failed to properly consult with the tribes on a historic property designation for southern Arizona's San Pedro Valley.
A three-judge panel of the 9th U.S. Circuit Court of Appeals ruled Tuesday that a lower court erred in dismissing the case last year and ordered the matter to be reconsidered.
The panel concluded the plaintiffs raised a plausible claim that a proper consultation would have resulted in the valley being designated as a historic property and that the agency was required to identify historic properties that would be affected and ensure any adverse effects would be avoided, minimized or mitigated before authorizing construction.
The Tohono O'odham Nation had vowed when the case was dismissed to pursue all legal avenues for protecting land that it and other tribes consider sacred. Tribal Chairman Verlon Jose reiterated that the tribe will continue to fight for its rights and that Tuesday's ruling marked an important victory in the long-running dispute.
"The Tohono O'odham Nation supports clean, renewable energy 鈥� when it is done the right way," Jose said in a statement. "With the SunZia project, the federal government failed to work with tribes to protect our cultural resources as required by law."
The valley represents a 50-mile (80-kilometer) stretch of the planned 550-mile (885-kilometer) conduit. The route is expected to carry electricity from wind farms in central New Mexico to existing transmission lines in Arizona to serve populated areas as far away as California. The project was among those touted as an important part of former President Joe Biden's goal for a carbon pollution-free power sector by 2035.
Construction in the San Pedro Valley already is complete, said Matt Dallas, a SunZia spokesperson.
"We are reviewing the opinion, and SunZia remains on track for commercial operation in 2026." Dallas said.
In response to questions about the latest ruling and whether the federal government was in discussions with the tribes, Interior spokeswoman J. Elizabeth Peace said the department doesn't comment on pending litigation.
Peace did say the agency "remains committed to stewarding our natural and cultural resources, honoring tribal trust responsibilities and managing public lands for all Americans."
President Donald Trump in recent weeks has signed a number of executive orders promoting domestic energy production and has cited the need for reliability of the nation's electric grid amid growing demand driven partly by data centers and artificial intelligence.
Intervenors seek dismissal of $1.25 billion New Mexico Gas Co. sale - Megan Gleason,
Energy advocates, regulatory utility staff and the New Mexico Department of Justice have asked the Public Regulation Commission to dismiss the sale request of New Mexico Gas Co.
The request comes as the Louisiana-based private equity firm Bernhard Capital Partners aims to take over New Mexico Gas Co. from Emera in a $1.25 billion deal. And it follows heightened scrutiny of acquisitions and mergers in the New Mexico utility world, particularly after a major merger case in early 2024.
Bernhard and New Mexico Gas Co. officially requested regulatory permission in October to conduct the sale.
Intervenors on Tuesday filed a dismissal motion without prejudice, meaning that Bernhard could ask again for acquisition approval in the future. If the PRC denies the dismissal motion, the intervening parties request that the companies submit a new deal application or that the PRC strike certain rebuttal testimonies.
The dismissal request 鈥� filed by the NMDOJ, New Energy Economy, Western Resource Advocates and others 鈥� comes in response to new deal terms that arose in Bernhard鈥檚 rebuttal testimony compared to its original application.
鈥淚nstead of filing rebuttal testimony that counteracts or disproves the staff and parties鈥� criticisms of their application, they have filed testimony that proposes substantive changes to their initial application,鈥� the motion reads.
The changes include new rate credits, a rate freeze, additional economic development investments and a reduction in new hires from around 60 to 20 employees.
In response, Jeff Baudier, senior managing director at Bernhard, told the Journal the updated proposal 鈥渂rings even greater benefits鈥� to New Mexico Gas Co. customers.
鈥淲e鈥檝e listened to feedback from stakeholders throughout the regulatory process and have increased our commitments as a result 鈥� including millions of dollars in additional investments for local economic development projects, customer bill credits and charitable contributions 鈥� while keeping rates stable for customers,鈥� he said.
The intervenors also argued that Bernhard lacks the necessary experience to operate a utility like New Mexico Gas Co., which oversees about 549,000 households.
鈥�(Gas) is an essential service, and we want to make sure that confident people are running it,鈥� New Energy Economy Executive Director Mariel Nanasi said in an interview.
A hearing on the case is set to begin June 23, though the dismissal motion also requests a pause on that until the PRC approves or denies the dismissal.
Another case for a utility just as large as New Mexico Gas Co. is also likely to come before the PRC, as Blackstone Infrastructure earlier this month to acquire PNM鈥檚 parent company, TXNM Energy Inc.
Heinrich pushes Interior for list of national parks that could be sent to states under Trump plan - Patrick Lohmann,
United States Interior Secretary Doug Burgum testified that his agency is eying about 400 national parks for possible transfer to states or localities, but he has not yet detailed which ones the agency wishes to get rid of.
U.S. Sen. Martin Heinrich (D-NM) on Thursday re-upped his call for Burgum to release that list, sending the secretary a letter demanding explanations for how the agency is making these decisions as it simultaneously seeks to cut 30% of its operating budget.
also says that only Congress has the authority to transfer national parks 鈥渋n most circumstances,鈥� so he expressed his opposition, as ranking member of the Senate Energy and Natural Resources Committee, to the transfer of any national park.
According to Heinrich鈥檚 letter, President Donald Trump鈥檚 plan for the Interior Department would cut $900 million from its budget. But Heinrich defended national parks as, among other things, 鈥渆ngines of economic growth,鈥� as visitors to national parks contributed about $56 billion to the economy in 2023 and supported more than 400,000 jobs.
Burgum testified that the agency is not seeking to get rid of any of the nation鈥檚 64 鈥渃rown jewel鈥� national parks, but that some of the more than 400 other NPS sites could be managed by state or local authorities.
Heinrich noted that states often don鈥檛 have adequate resources to adequately manage the parks that are now under federal control, parks that he said accomplish important conservation and other objectives and 鈥渢ell the complex story of our nation.鈥�
鈥淭he budget proposal makes clear that the administration expects the states to shoulder the burden of managing these sites without any additional funding or resources, many of which have significant and costly deferred maintenance backlogs.鈥�
In previous committee testimony, Heinrich pointed to the Valles Caldera National Preserve as an example of a park that isn鈥檛 a 鈥渂ig-P national park鈥� but still 鈥渋ncredibly important parts of our National Park System, our history and our culture.鈥�
In addition to the president鈥檚 budget proposal, the House of Representatives last week passed a reconciliation bill that, among other actions, undoes $267 million in Inflation Reduction Act spending on personnel including rangers, emergency responders, scientists and curators, according to the National Parks Conservation Association.
Funding for English learners in public schools at risk, New Mexico budget analyst warns 鈥� Austin Fisher,
A public school budget expert told New Mexico lawmakers on Thursday that the federal government is likely to take away money meant for students who are learning English, but said a new state law will help compensate for the loss.
Senior Fiscal Analyst Daniel Estupi帽an said the federal funding for K-12 public education most at risk of being cut is meant for students who are English language learners and their teachers, called Title III, because the Trump administration has 鈥渕ostly hollowed out鈥� the Office of English Language Acquisition, which ensured states and schools properly spent Title III money, and has recommended terminating its funding source. The office had just one staffer remaining as of March 21, Chalkbeat .
鈥淪o many nonprofits, so many other states, are basically going into a panic,鈥� Estupi帽an told the committee. 鈥淭hey鈥檙e panicking about their public school funding formulas not being responsive enough to potentially support English learners, to potentially support low-income students and support professional development in basic programs.鈥�
Overall, New Mexico will receive more than $633 million from the U.S. Department of Education for K-12 public education this year, according to estimates included in Estupi帽an鈥檚 to the committee.
The Trump administration鈥檚 preliminary budget proposal proposed keeping the same level of funding for low-income students and students with disabilities, while also cutting $4.5 billion in the various 鈥渇ormula awards鈥� that go to public schools, according to Estupi帽an鈥檚 presentation.
Estupi帽an said the proposal calls for redesigning the federal funding scheme for K-12 schools, and changing to a block grant system in which states would receive one large pot of money without as many rules governing how to spend it.
How much money the federal government actually provides to schools will depend on the final budget passed by Congress.
If left untouched, New Mexico may receive $4.7 million in English language learning funds that can pay for teacher training, family engagement and instructional materials, Estupi帽an said.
Estupi帽an said the state could, however, navigate losing federal funding as a result of , which reduces the state鈥檚 reliance on federal data.
Instead, starting on July 1, New Mexico鈥檚 funding formula for English learners will use state income tax data, public benefits data and U.S. Census Bureau data.
鈥淪o we鈥檙e not completely independent from federal data, but we鈥檙e moving in the direction of basically data autonomy,鈥� Estupi帽an said.
That change will result in about $125 million flowing to districts and charter schools, and that money can be used to backfill a potential cut, he said.
HB63 also created the first guidance New Mexico has ever had for how money should be used to specifically support English learners, he said.
鈥淪o if we see the elimination of Title III funding, or we see some revocation of federal protections through rule or statute for English learners, we now have a good foundation in state statute to build on,鈥� Estupi帽an said.
Pueblo of Sandia, MRGCD reaches a deal to unblock Corrales Siphon repairs 鈥�
During the Corrales Village Council meeting May 27, Pueblo of Sandia Gov. Felix Chaves told the council the Pueblo of Sandia and the Middle Rio Grande Conservancy District have reached a landmark agreement, clearing the way for construction to begin on the long-delayed Corrales siphon replacement project.
The two sides signed off on a term sheet that clears the way for repairs to the Corrales siphon after years of delays over land access. The non-binding deal outlines land access, addresses past trespass and sets up future cooperation. With the agreement in place, construction can begin while lawyers finish the final contract.
鈥淟et me be clear, in no time did the Pueblo idly choose to wait, as this has been suggested by others,鈥� Chaves said. 鈥淲e did, however, insist on a process that clearly identified the issues and legal obligations that respected the Pueblo鈥檚 ability to fully evaluate the situation and find solutions.鈥�
In a statement to the Corrales Comment, MRGCD Board of Directors Chairman John Kelly said, 鈥淲e are encouraged by the recent discussions and progress made between the MRGCD and the Pueblo of Sandia regarding access for the construction of the Corrales Siphon. Additionally, our team is grateful for the cooperation we have received from the Pueblo鈥檚 leadership on the issue. While the formal agreement is still in progress, we are hopeful that we will be able to announce additional project details soon being finalized, we鈥檙e hopeful we鈥檒l be able to share more project details soon."
After nearly a century of unauthorized use was uncovered, the Pueblo insisted on a legal process that respected their sovereignty while supporting the project鈥檚 urgent water needs.
According to Chaves, MRGCD knew the siphon was failing as early as 2016 鈥� a fact reported by the Corrales Comment 鈥� but didn鈥檛 consult the Pueblo until after it had secured funding. In 2023, the district hired an engineering firm and asked for access to Pueblo land, but neither the Pueblo nor the Bureau of Indian Affairs (BIA) could find any record of a legal right-of-way.
鈥淭he Pueblo was not able to encumber their trust lands without involvement with the BIA,鈥� he said.
The BIA took nine months to confirm no right-of-way existed; this caused a significant delay for the MRGCD, which would need the right-of-way.
鈥淭hey had been in trespass for nearly 100 years on tribal lands,鈥� Chaves said. 鈥淚t鈥檚 unfortunate that BIA took so long, but the Pueblo took measures to speed things along, fully aware of the impact of the siphon鈥檚 failure on the village of Corrales.
鈥滳haves said the Pueblo couldn鈥檛 authorize construction but allowed the process to move forward when MRGCD asked to do test borings along the river to check soil conditions.
With the agreement in place, Chaves said Sandia is working with BIA to let early siphon construction move forward while final paperwork gets finished. He said the Pueblo will coordinate with district crews to allow access and set up staging on tribal land.
Sandia is an agrarian community, Chaves said. And water is central to its culture, religion, livelihood and economy. He said the Pueblo has worked hard to protect its water while continuing to share with neighbors in Corrales and across the Middle Rio Grande Valley.
鈥淚 want you to know that it never occurred to us to withhold cooperation or stall the siphon replacement for any reason,鈥� he said. 鈥淲e acted in good faith to do what we could to expedite the solution while preserving important sovereign and legal interests associated with the use of our tribal lands.鈥�
Chaves said the Pueblo raised concerns with New Mexico鈥檚 congressional delegation, including Rep. Melanie Stansbury, Sen. Ben Ray Luj谩n and Sen. Martin Heinrich鈥檚 office, all of whom helped push BIA to act.
He said the Pueblo is now watching the federal budget fight in Washington and doesn鈥檛 know how agencies like BIA will be affected, but leaders will keep pushing to make sure their concerns are heard.
Chaves said as soon as the tribal council approved the agreement, he contacted Mayor James Fahey鈥檚 office to share the good news. The council had real concerns, especially around the trespass issue, and he said he respected how firmly they stood their ground.
鈥淭hey鈥檙e my supervisors, and I answer to them,鈥� he said. 鈥淚 just wanted to let the Village of Corrales know 鈥� things are moving forward.鈥�