Adrian Hedden
El Rito Media
achedden@currentargus.com

Oil companies in New Mexico could be required to capture more gas produced during drilling operations, should a bill approved by a House committee Tuesday become law.

House Bill 258 would codify into law a policy enacted in 2021 by the Oil Conservation Division, the state’s main oil and gas compliance agency, that required operators to capture 98% of natural gas produced at well sites by the end of 2026.

It was granted a “do pass” recommendation by the House Energy, Environment and Natural Resources Committee on a 7-4 vote. The bill must get approval from another House committee before facing a vote by the full chamber and proceeding to the Senate for a similar process.

New Mexico’s oil wells often draw natural gas, known as “associated gas,” to the surface with crude oil. This gas, high in methane, can either be captured and sold for energy, released into the air via venting, or burned during the flaring process. Associated gas can also increase the pressure of the well, so some emissions are necessary for safety.

State agencies, acting under a 2019 executive order signed by Gov. Michelle Lujan Grisham, took steps to reduce greenhouse gas emissions and air pollution, which led to the conservation division’s policy on capturing natural gas.

That agency’s rule was followed by one enacted by the New Mexico Environment Department in 2022 to increase leak detection, repairs and reporting requirements for operators.

But both are state rules that could be rescinded by a future administration. If HB 258 is passed, the division’s requirement will become a New Mexico state law, meaning it could only be undone through another bill approved by the Legislature.

Sponsor Rep. Matthew McQueen (D-50) of Santa Fe, who also serves as the committee’s chair, said ahead of the vote on HB 258 that the rules should be statutory requirements to ensure future oil and gas operations do not unduly pollute the state’s air.

Ashley Wagner of the New Mexico Oil and Gas Association said the industry was already taking steps to reduce emissions and move toward meeting the 98% gas-capture requirement. She said 88% of operators had already reached the mark and saw “significant” reductions in venting and flaring. Flaring is the process of burning excess natural gas when an operator lacks the capacity to store or transport the gas or must eliminate it from the system to depressurize a well.

“The bill is unnecessary,” Wagner said. “Operators are paying more attention to infrastructure and takeaway. Overregulation creates a potential for lost production in New Mexico.”

Travis Kellerman, senior climate policy advisor to Lujan Grisham, said the 98% rule has already proved successful in causing energy companies to increase investments in gas-capture technology and limiting impact on the environment. He said making the rule a law would ensure the benefits continue in the future.

“This return on investment by operators has been seen already and we hope to codify this rule,” Kellerman said. “This is an important priority for the governor and the state.”

Rep. Rod Montoya (R-1) of Farmington argued that by tightening regulations on the oil and gas industries, New Mexico officials could dissuade companies from producing oil and gas in the state.

Like other opponents of the bill, Montoya pointed to the 88% compliance rate with the rule already in place, saying that showed the industry was working to comply without making the requirement state law.

“The goal posts get moved constantly. Regulatory certainty, which all businesses need to have, just continues to be removed,” Montoya said. “The rule we have in place is working.”

Rep. Elaine Sena Cortez (R-62) of Hobbs echoed concerns that more requirements could mean less oil and gas production, which she argued generates almost half of the state’s budget.

“If we keep moving the goalposts, they might just pack up and leave. We better pray they don’t, because they bring almost 50% of the state’s revenue,” she said before voting against the bill.

Bill aims to ban ‘forever chemicals’ in oil and gas

Another Democrat-led bill was introduced this week to force oil and gas companies to report the contents of fluids used in hydraulic fracturing, currently protected as trade secrets, to root out the use of per- and polyfluoroalkyl substances, or PFAS.

The industrial byproducts, nicknamed ‘forever chemicals” because they do not break down in the environment, have been linked to various cancers and other health impacts to wildlife and to humans, including high cholesterol and low birth weights.

While environmental groups worried the chemicals could be used in oil and gas drilling operations, industry officials denied their presence.

Rep. Andrea Romero (D-46) of Santa Fe sided with the environmentalists in introducing House Bill 222, which will go before the House Energy, Environment and Natural Resources Committee on Saturday, Feb. 15.

New Mexico law requires oil companies to disclose many of the chemicals used in drilling but contains exemptions for some chemicals labeled by operators as proprietary.

HB222 would not only ban PFAS in oil and gas operations but also remove the “trade secret” exemptions that Romero said can allow the chemicals to go unreported.

“This bill helps protect New Mexico’s water and especially frontline communities in light of frequent spills and other potential oilfield exposures by prohibiting the use of PFAS and any undisclosed chemical in all downhole operations,” Romero said.

Adrian Hedden
Carlsbad Current-Argus
achedden@currentargus.com

Nathan Garrison, the man accused of killing 36-year-old Artesia resident Tyler Grantham, will go on trial Monday, Feb. 17, on a single count of second-degree murder.

Grantham was found shot in the face at his Artesia home on Nov. 17, 2021. Garrison, 45, was arrested the same day. He could face up to 18 years in prison if convicted on the murder charge and five more years if convicted on an additional charge of tampering with evidence.

Garrison’s trial at the Eddy County Courthouse in Carlsbad will begin with jury selection before Fifth Judicial District Judge Jane Schuler Gray. Once a jury is seated, the case will proceed with opening arguments from prosecutor Ariane Gonzales and defense attorney Gary Mitchell.

Gonzalez, representing the Fifth District Attorney’s Office, will then present evidence and call witnesses to support the prosecution’s case against Garrison. After that, Mitchell will present the case for a not guilty verdict.

Here’s what to know about the case ahead of Garrison’s trial.

What happened?

Following is a summary of events leading up to charges being filed, as described in the official criminal complaint:

Grantham was found by detectives with the Eddy County Sheriff’s Office at about 2:30 a.m. at his house in the 100 block of East Cottonwood Street in Artesia after police received a report of a man suffering from a gunshot wound.

Detectives found Grantham slumped against a wall, unconscious and not breathing. Grantham had been shot in the left side of his face. He succumbed to his injuries despite medical personnel attempting to resuscitate him at the scene.

Three witnesses at the scene, Christine Pitman, Ciara Cheatham and Zephery Bernal, were taken to the sheriff’s office location in Artesia location for questioning.

Pitman and Cheatham said they had been living with Grantham, and told police that at about 5 p.m. on the day of the shooting they went with Grantham to a drug rehab meeting hosted by Celebrate Recovery at a church near the Artesia Walmart.

The meeting ended about 8:30 p.m., they said, and Kianna Wallace, a friend of the group who also attended the meeting, noticed $400 in cash was missing from her vehicle. Wallace questioned everyone about the money.

Conflict arose about the missing money and continued as the group went to the home on Cottonwood Street. Wallace accused Bernal of stealing the money. Wallace later called Garrison and asked him if he stole the money. Garrison said he did not

Witnesses said another man, Randy Fernandez, was brandishing a firearm at the house and demanding to know where the money was. Garrison told police he left after denying stealing the money, but returned to the home with a shotgun to scare Fernandez into letting everyone go.

Garrison told police he fired once into the backdoor of the house – a shot that investigators said hit and killed Grantham. Garrison admitted to police that he argued with Grantham over the stolen money.

Garrison was arrested the day of the shooting near a home where he was staying in the 3500 block of Quay Avenue in Artesia. He was subsequently charged and pleaded not guilty.

Who’s on the witness list?

Several witnesses from the scene, including Wallace, Bernal, Cheatham and Pitman, were listed as witnesses by the prosecution.

Arresting officer Cayden Bird with the Eddy County Sheriff’s Office was also listed as a potential witness, along with detectives from the sheriff’s office and the Artesia Police Department.

Rick Wiedenman, field investigator with the Office of the Medical Investigator, was listed as a potential witness, along with firearm ballistics expert Sean Daniel and DNA expert Jennifer Otto with the New Mexico Department of Public Safety.

A list of potential witnesses submitted by the defense included many of the same law enforcement officials, experts and other witnesses listed by the prosecution but also included Randy Fernandez and members of Garrison’s family.