Mora County has settled two lawsuits filed against the northeastern New Mexico county over its attempt to ban on oil and gas drilling.
The county will have to pay its own costs and fees associated with the lawsuits but not the fees of the other parties, county attorney Justin Miller said in a statement issued Tuesday. “It would have been significant expense to the county if we had to pay.”
In 2013, Mora County commissioners on a 2-1 vote approved a “community water rights and local self-government ordinance” that effectively prevented drilling for oil or gas.
While some people around the country applauded the ban, the first such county law in the nation, others, like Commissioner Paula Garcia, worried about the potential financial impact on the rural, low-income if the county was sued. Garcia was the only commissioner to oppose the ban.
Within a few months, a private property owner, two companies and the Independent Petroleum Association of New Mexico filed a lawsuit in federal district court, claiming the ordinance infringed on private rights and violated the U.S. Constitution. SWEPI, a subsidiary of Royal Dutch Shell, filed a separate lawsuit over the ban, seeking damages.
A land grant association joined the case in support of the county. However, in January, a federal district judge ruled the oil and gas ban was unconstitutional and invalid.
Officials said the county will move forward now with drafting an ordinance similar to ones approved by Santa Fe County and San Miguel County that restrict, but don’t ban, oil and gas development. “We’ll be very thorough in looking at our options and make informed decisions about an ordinance that will be enforceable and protect our community’s land and water,” Garcia said.
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Thank you Mora for being the first County in America to stand up and banning Fracking and which if allowed will be the downfall of us all, if not for the water waste involved. Literally millions of gallons of our finite drinking water being used to frack one well and it must be done multiple times so the "boys" can make a profit. Where is the profit for the rest of us when it is ruining the planet and taking us with it. And has to be stopped, if not now, WHEN ? This being but the first round of what looks to be a long drawn out battle, that we must and will win.
Ban Fracking and keep oil in the ground where it belongs !!
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