Tag: New Mexico

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.

KOAT TV in New Mexico is reporting that a U.S. Forest Firefighter was injured when a Mason jar exploded. He was stapling a fire prevention sign to a board when he noticed the jar. Not knowing what it was, he touched or moved it with his foot, after which it exploded. He was transported to the University of New Mexico Hospital with minor injuries and was later released..

The incident occurred Monday in the Santa Fe National Forest  near the intersection of highways 376 and 126 west of the Los Alamos National Laboratory in New Mexico. The firefighter was from a California National Forest, but was assisting with fire prevention duties.

The Bureau of Alcohol, Tobacco, Firearms, and Explosives is leading the investigation.

Three small fires started Thursday at Los Alamos National Laboratory in New Mexico. The fires began in Technical Area 36, an area that is used for testing up to 2,000 pounds of high explosives. The Lab’s fire department had one fire truck on scene during the test, but called in a second rig after the fires ignited. According to lab spokesman Kevin Roark the total area burned was less than a quarter acre.

Much of the research that developed the first nuclear bomb occurred at Los Alamos. According to their website their current mission “is to develop and apply science and technology to ensure the safety, security, and reliability of the U.S. nuclear deterrent; reduce global threats; and solve other emerging national security and energy challenges.”

Los Alamos has a fire history. The Cerro Grande Fire which began as a prescribed fire on National Park Service land escaped control in 2000 and burned into the laboratory and the community, destroying 280 homes. In 2011 the largest fire in the history of New Mexico, the 150,000-acre Las Conchas Fire, also burned onto the lab’s property.

One of the concerns about fires at Los Alamos is the radioactive material stored in drums on the site.

Below is a description of Technical Area 36 from the Lab’s website:

4.18.2.1.2.1.1 Eenie Site, The Eenie Site (Buildings 3 and 4, Figure 4-18, Sheet 2) has the only aboveground bunker at TA- 36. This bunker allows the use of a variety of optical and electronic diagnostics. Belowgrade bunkers at TA-36 are used to protect 35-mm streak cameras, which observe the test device through a periscope. Image-intensifier cameras, a 70-mm streak camera, a combination streak camera with a 2-million-frame-per-second framing camera, and a laser velocimeter are routinely available at this site as needed for specific tests. The Eenie Site primarily performs small-bore (less than 100 mm) gun tests against conventional, ceramic, and reactive armors; shaped-charge jet tests against conventional, ceramic, and reactive armors; diagnostic experiments to determine shaped-charge jet physics; deflagration-to-detonation experiments; detonation physics experiments; and studies in explosives vulnerability to projectile and shaped-charge attack. The site has a load limit of 2,000 lb (907 kg) of HE. The Eenie Control Building (Building 3) and the Eenie Preparation Building (Building 4) are categorized as L/ENS.