A judge has ruled that a New Mexico state law authorizing counties to cut and remove trees from federal land without approval of the federal government is unconstitutional. In a September 30 ruling, Chief U.S. District Judge Christina Armijo wrote that the law passed in 2001 by the legislature and a resolution approved by the Otero County Board of County Commissioners in 2011 violated the supremacy clause of the U.S. constitution. Armijo ruled Congress, not the state or the county, has sole authority to control federal lands.

The 2001 law stipulated that if a county declared a “disaster” as a result of the federal government’s land management actions or inactions, the county “may take such actions as are necessary to clear and thin undergrowth and to remove or log fire-damaged trees within the area of the disaster.” The tree cutting could be done after “consulting with the state forester and the regional United States forester”, but the county would not be bound by the opinion of the U.S. Forest Service.

Otero County did in fact declare a “disaster” in 2011 and developed a plan to cut and remove trees on 69,000 acres (108 square miles) of land on the Lincoln National Forest east of Alamogordo, New Mexico. They publicly announced their intentions and the U.S. Forest Service stated their opposition.

A confrontation appeared likely between federal employees and the county’s contractors attempting to cut trees on National Forest land. The possibility arose of conflicts between armed federal law enforcement officers and the county sheriff.

The Supervisor of the Lincoln National Forest, Robert Trujillo, was told by a Deputy Sheriff that Otero County Sheriff Benny House did not recognize Forest Service authority or jurisdiction, and that Sheriff House stated that he would arrest Forest Service law enforcement officers on kidnapping charges if they arrested anyone implementing Otero County’s project.

Now that the state law and the county resolution have been determined to violate federal law and the U.S. constitution, the conflict could be over. Unless — Otero County decides to cut the trees in spite of the Judge’s ruling, or they appeal the decision.