Court Grants Otero Mesa a Reprieve from Oil and Gas Drilling

April 2009 - The U.S. 10th Circuit Court of Appeals ruled on litigation brought by the State of New Mexico, state agencies, and a number of conservation groups that stops oil and gas drilling on Otero Mesa.

Driving down I-25 in Southern New Mexico, one might think that the expanse of bare dirt and creosote bush is what the desert is supposed to look like. But abuse transformed this landscape a century ago into what it is now. In the southeast portion of New Mexico lies a treasure that remains as it was: a wonderful example of the arid desert grassland.

Otero Mesa encompasses 1.2 million acres and is one of the largest undisturbed areas of desert grasslands anywhere. It is home to 1,000 species of native wildlife. Some, like the Aplomado Falcon, are listed as endangered. The pronghorn herd was never extirpated and descends from ancestral animals that did not need to be brought in from elsewhere like all the other antelope herds in NM. There are over 20 colonies of rare black-tailed prairie dogs supporting other rarities like burrowing owls and desert foxes. Ground nesting birds like Brewer’s Sparrow also thrive. The black-gramma-grass sea interspersed with yuccas is the anchor for it all. Otero Mesa is so rich, it has been called America’s Serengeti.

Ancient rock art abounds in testament that humans have used the area for centuries. But the soil is shallow and the whole is fragile. Once disturbed, we know from experience, the grass will never come back. Grasslands like this used to be common, but they have become fragmented or destroyed entirely and can no longer support the wildlife and plant communities they once did. That makes Otero Mesa one of the most endangered ecosystems on the planet. And it has come very close to being lost forever with the determination of the last administration to open it to oil and gas development.

Not only would this forever transform the grassland to the shrub deserts we see elsewhere, it would also sully the treasure that lies beneath it. Otero Mesa sits above the Salt Basin Aquifer, which is suspected to be the largest, untapped, fresh-water aquifer left in the state of New Mexico. The aquifer is being studied, and preliminary findings suggest that it contains at least 57 million acre-feet of groundwater and that, due to the fractured nature of the geology, the aquifer could be vulnerable to the rapid spread of contamination. No wonder opposition to the proposed oil and gas development has been fierce and sustained from many quarters, including environmental protection groups like the Sierra Club and also hunters, businesses, religious leaders, and local and state governments.

In April, the U.S. 10th Circuit Court of Appeals ruled on litigation brought by the State of New Mexico, state agencies, and a number of conservation groups challenging the Resource Management Plan (RMP) that would have placed oil and gas exploration and extraction above all other values of recreation, wilderness, wildlife, archaeology, and water. In addition to recognizing the ecological importance of Otero Mesa, the court specifically found that the RMP Amendment did not adequately consider potential impacts of oil and gas development in causing habitat fragmentation in the grasslands or in contaminating the Salt Basin Aquifer. Furthermore, the court found that the Bureau of Land Management’s (BLM) entire RMP Amendment was flawed because the agency did not consider an alternative to protect all of Otero Mesa from oil and gas drilling.

It is a tremendous victory! But more needs to be done. As the BLM prepares to re-craft a management plan for Otero Mesa, this is a crucial time to ensure the area gets the permanent protections it needs and deserves. Over 500,000 acres of Otero Mesa are eligible for wilderness designation. Additionally, close to 600,000 acres have been nominated as an Area of Critical Environmental Concern (ACEC). Please contact your senators and representative and ask that they seek permanent protections for Otero Mesa from oil and gas drilling and other potentially damaging development. In the interim, also ask that they reiterate to the BLM the importance of preventing oil and gas leasing or drilling while the Salt Basin Aquifer study is being completed, and take the opportunity to enact administrative protections as the new management plan for this unique place is prepared. Help insure that this unique and fragile place can remain intact forever.

For more information, contact Margot Wilson (575/744-5860, sierratrekker70@live.com). – Mary Katherine Ray