In 2023, the United State Supreme Courtroom dominated on the Sackett resolution, which drastically narrowed the scope of the federal Clear Water Act and left many waters that have been beforehand coated by the Clear Water Act within the fingers of the states. This meant that for sure waters now not protected federally, permits for discharging pollution and building actions in waterways now fall beneath state jurisdiction (if a state chooses to handle the water high quality of its federally-unprotected waterways).
This resolution notably impacted New Mexico for 2 causes: first, the brand new definition of federally managed waters solely contains about 4% of New Mexico’s waters, leaving 96% unprotected. And second, as a result of most waterways have been beforehand protected by the Clear Water Act, New Mexico didn’t have a state program in place to allow discharges into waterways. With no new state program, and with out the federal authorities’s administration, practically all of New Mexico’s waterways could be with out safety. Anybody would be capable to dump something they needed right into a wetland with none want for a allow or oversight.
Fortunately, in 2025 the New Mexico state legislature acknowledged this danger and handed Senate Invoice 21, which created and licensed a state-level discharge allowing program and directed the Water High quality Management Fee (WQCC) to go rules to implement it.
This June, the WQCC held a ten-day listening to to think about a draft rule outlining this system, the degrees of various pollution that could be discharged into totally different varieties of waterways, and doable amendments to the company’s preliminary proposal.
Audubon joined a small coalition targeted on including some particular further wildlife protections to the proposed rule. Amongst different issues, we requested that for waterways supporting at-risk species, the New Mexico Setting Division be required to seek the advice of with the Division of Wildlife earlier than issuing discharge permits.
Jon Hayes, Government Director for Audubon Southwest, served because the professional witness for these requests. For about 4 hours he talked to the Fee about wildlife and wildlife administration in New Mexico, and the significance of wetlands and different ephemeral waters for at-risk species.
We additionally despatched an motion alert to our New Mexico membership asking for petition signatures to help the modifications we have been advocating for. We’re proud that greater than 400 New Mexicans signed on, and we have been in a position to report that to the Fee.
The method is paused for now, as testimony has concluded. The Fee will deliberate in November, with the publication of the ultimate rule scheduled for December. We’ll preserve our membership knowledgeable of any new developments. Hopefully the ultimate rule won’t solely set robust requirements for air pollution discharge into streams and different small waterways, but in addition particularly embrace protections for declining wildlife in playas and wetlands.
