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NM amends complaint against DOD regarding PFAS contamination – NM Political Report

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NM amends complaint against DOD regarding PFAS contamination – NM Political Report


The New Mexico Environment Department, the New Mexico Office of Natural Resources Trustee and the state Attorney General amended a lawsuit against the federal government for activities that led to PFAS contamination in and around military bases.  The amended lawsuit comes after  the finalization of a new rule by the U.S. Environmental Protection Agency that […]

The New Mexico Environment Department, the New Mexico Office of Natural Resources Trustee and the state Attorney General amended a lawsuit against the federal government for activities that led to PFAS contamination in and around military bases. 

The amended lawsuit comes after  the finalization of a new rule by the U.S. Environmental Protection Agency that allows states like New Mexico to recover the costs of clean-up actions as well as monetary damages to natural resources related to military base PFAS contamination. 

“For over five years, the U.S. Department of Defense failed to take accountability for PFAS clean-up in New Mexico – leaving New Mexicans with a legacy of toxic PFAS pollution to shoulder,” NMED Cabinet Secretary James Kenney said in a press release. “Thanks to the U.S. Environmental Protection Agency’s science-driven leadership on PFAS, New Mexico will now hold the U.S. Department of Defense accountable for the monetary costs of clean-up and damages to our environment.”

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Under the new rule, the EPA designated two types of PFAS chemicals known as perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), that ensures polluters pay to clean up if actions cause contamination. The designation is intended to protect people from the various health risks that PFAS chemicals pose. Those risks include cancer, developmental delays and liver and heart impacts. 

In addition to asking the Department of Defense to cover past clean-up costs, the lawsuit requests that it pays for future costs and all natural resources damages at Cannon Air Force Base, Holloman Air Force Base, Kirtland Air Force Base, White Sands Missile Range and Fort Wingate. This is different from the original suit, which focused solely on damages caused by activities at Cannon and Holloman air force bases. 

The contamination has been linked to a fire suppression foam used in training exercises at the military bases. 

New Mexico is not unique in facing PFAS contamination in and around military bases, however it is the first state in the country to take advantage of the new EPA rule that went into effect on Monday.

Under the new rule, New Mexico is able to hold the military institutions accountable for the cleanup of the contamination, which has impacted both public and private water sources.

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“The releases of PFAS into the ground surrounding Cannon Air Force Base and other DOD facilities have injured the most valuable natural resource on Earth – our water.  PFAS has now contaminated freshwater aquifers on which the communities and hardworking people of New Mexico depend,” ONRT Maggie Hart Stebbins said in a press release. “Our residents suffer when they can’t use that groundwater and it’s time for the federal government to compensate communities that are bearing the burden of its pollution.”

Attorney General Raúl Torrez said in a press release that he applauds the EPA’s new rule listing some of the PFAS chemicals as hazardous substances. 

 “This enables us to pursue monetary damages and costs at federal facilities, as stated in our amended complaint,” he said. “We are committed to holding all responsible parties, including federal agencies, accountable for their contamination to protect public health and safety.”



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South Valley business estimates $1M in damages after recycling plant fire

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South Valley business estimates M in damages after recycling plant fire


ALBUQUERQUE, N.M. – A local business owner estimates he suffered about $1 million in damages as the result of yet another fire at a South Valley recycling plant.

Town Recycling on Broadway Blvd. SE has witnessed two fires in a span of less than two weeks with the first happening May 23rd and the second occurring Tuesday of this week.

Khalil Samaha, who owns Samcar, Inc. and Cedar’s Construction next door, says his businesses escaped without serious damage from the first fire, but the second one led to the loss of his main building, inventory he sells including trucks, construction equipment, computers, records, and much more.

“It’s a total mess.  Everything is on the ground with water and insulation. It’s a total loss,” he said.

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He gave KOB 4 a tour of his damaged property Wednesday and says that county officials have condemned the main office and won’t let him back inside.

“You can see all the glass is popped,” he said pointing to the windows. “I don’t know if the firefighters broke them or they exploded.”

A spokesperson for Bernalillo County Fire and Rescue issued a statement saying that, based on witness accounts, both fires may have started in a “bale of cardboard” at the recycling facility.

As of Wednesday evening, Broadway between Prosperity and Rio Bravo remained closed.

Samaha says firefighters attempted to battle the second fire from a different area than the first and the wind may have made conditions tougher.

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“This time, the wind didn’t help,” he said. “So, it was blowing in my direction and took the building and some equipment in the back.”

Having seen two fires at the neighboring recycling facility in a span of about 11 days, he wonders if this will finally be the end of it.

“I hope it’s the last time. But, worried? Yes, we are worried,” he said. “We are close to them, and the materials are close to the fence. We share the fence together, so it’s always in the back of your mind.”

And now he lives with the memory of how quickly everything can change – just like it did earlier this week.

“It was very quick.  From the smoke to the flame to the fire, it was very, very quick.”

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A representative of Town Recycling declined our request for an interview.



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New Mexico Highlands University president sues school

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New Mexico Highlands University president sues school


LAS VEGAS, N.M. – New Mexico Highlands University President Niel Woolf has sued the school, claiming leaders pushed him to redirect a $600,000 contract to a chairman’s friend.

Woolf filed the lawsuit after the university placed him on administrative leave at the beginning of May.

He says Board of Regents Chair Frank Sanchez told him to cancel a $600,000 agreement with an out-of-state contractor and give it to a local contractor.

Woolf says that company is led by a friend of both Sanchez and his brother-in-law, Sen. Pete Campos, who represents Las Vegas.

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In the lawsuit, Woolf says Sanchez told him directing the funds to his friend would “go a long way towards securing money for the University from Senator Campos,” said Woolf.

Woolf is seeking damages and attorney’s fees under the New Mexico Whistleblower Protection Act.



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Cumbres & Toltec to begin summer season June 9

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Cumbres & Toltec to begin summer season June 9


CHAMA, N.M. – The Cumbres & Toltec Scenic Railroad will begin its summer season on Tuesday, June 9, after the railroad delayed its opening due to drought and wildfire danger.

The season was initially set to begin on May 23. The Cumbres & Toltec Scenic Railroad Commission said it would conduct a review on June 2 to determine if it was safe enough to begin operations.

“A sincere thank you to all our passengers and the communities in Chama and Antonito who have been so patient as we waited for conditions to improve,” said Eric Mason, CEO of the Cumbres & Toltec Scenic Railroad. “We are excited to welcome guests back aboard and hear the opening whistle signal the start of another memorable season.”

The railroad will hold a Grand Opening Celebration on Saturday, June 13, in Chama. The celebration will coincide with Chama Western Heritage Days, a community festival that weekend with live music, vendors, and rodeo competitions.

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The railroad recently won USA TODAY’S poll for the best scenic train ride in the country. In celebration of the win, the railroad said passengers who book by June 7 ca receive a 25% discount on coach tickets for trips through August. Guests must redeem the offer by calling the railroad at 888-286-2737 using promo code USATODAY#1. 

Tickets are also available for the first Dark Sky Train departures on June 12 from Chama and June 13 from Antonito. The dark sky trains include evening excursions led by international dark sky guides, and take passengers to secluded spots with minimal light pollution.



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