Austin Fisher
Source New Mexico

The New Mexico Foundation for Open Government on Monday filed lawsuits against two of the state’s largest universities for allegedly refusing to release public records showing how the schools will pay millions of public dollars to student athletes resulting from an antitrust lawsuit.

A federal judge in June approved the terms of a nearly $2.8 billion settlement that paved the way for schools to directly pay athletes. Under the settlement, schools may choose to share revenues with student athletes up to an estimated cap of approximately $20.5 million per institution for the 2025-26 academic year.

The suits against the board of regents and record custodians at University of New Mexico and New Mexico State University allege they are violating the state Inspection of Public Records Act by refusing to release their contracts with student athletes and other documents that would show how they would implement new revenue-sharing rules resulting from the settlement.

Both schools denied NMFOG’s records requests on the grounds that the documents include “educational records” and “trade secrets,” according to the complaints. The other plaintiff in the NMSU lawsuit, high school and college sports reporter Nick Nuñez, alleges that the school initially claimed that it didn’t have any records responsive to his requests, but Assistant Athletic Director of Media Relations Michael Navarette told him they in fact did possess the records.

NMFOG noted in a news release on Tuesday that before the settlement, private third parties paid student athletes to use their “name, image and likeness,” — known as NIL — and compensation terms were largely unknown to the public. After the settlement, public universities like UNM and NMSU are making direct payments to student athletes, and “records of these expenditures by state institutions should be public, like any other state expense would be,” the group said.

“In addition to the universities’ total secrecy on how they will spend millions of dollars,” NMFOG said in a statement, the schools also are “hiding the contractual terms they require students to abide by, meaning there is no way to know whether students are being treated fairly” or whether the schools’ agreements with the student athletes abide by Title IX, a 1972 law requiring schools that receive federal funding to provide equitable opportunities and treatment to men and women athletes.

The lawsuits cite other schools’ revenue-sharing contracts that have reportedly raised concerns, such as one at Florida State University that allowed the school to extend its contract with a student athlete without renegotiating the terms, and one for the South Carolina women’s basketball team that included a nondisclosure agreement prohibiting them from sharing their compensation with anyone.

“It calls into question, what are the terms here?” NM FOG Legal Director Amanda Lavin said in an interview. “Students aren’t necessarily the ones with bargaining power — it’s the universities.”

Neither university would comment.

“We’re just learning about this filing and have no comment at this time,” UNM Interim Executive Director of Strategic Communications Ben Cloutier told Source NM via email on Tuesday.

NMSU Spokesperson Amanda Bradford also said in a written response that NMSU had not yet “received service of the lawsuit” and would be “reserving comment until after that’s been accomplished.”

Adrian Hedden
Carlsbad Current-Argus
achedden@currentargus.com

The federal government is “failing” in its commitment to clean up Cold War nuclear waste sitting in refuse at Los Alamos National Laboratory, according to New Mexico Environment Department Secretary James Kenney who said the state could respond by suspending waste shipments to the Waste Isolation Pilot Plant near Carlsbad.

Under a 10-year state permit signed by the Environment Department and the U.S. Department of Energy in 2023, the federal facility was required to prioritize waste from Los Alamos for disposal at WIPP.

Kenney said the federal agencies that run WIPP were “failing” to fulfill the requirement and that he was prepared to use a separate clause in the 2023 permit, which is active for 10 years, allowing the state to suspend waste shipments to WIPP when the state’s terms are unmet.

“They get an F from the NMED,” Kenney said in a Sept. 10 interview with the Current-Argus. “Maybe shipments around the country need to be suspended, except from LANL, until they meet the conditions that they negotiated. I’m well down the path of concluding that the DOE and its contractors need a wake-up call.”

At WIPP, the Energy Department disposes of transuranic nuclear waste (TRU), which is clothing materials, equipment and other debris irradiated during nuclear activities from LANL in northern New Mexico and several other federal nuclear facilities around the U.S. The waste is buried in a salt deposit about 2,000 feet underground and the salt gradually collapses on the waste, burying the refuse and blocking radiation from escaping.

Kenney’s remarks coincided with a town hall meeting where Jessica Kunkle, manager of the Department of Energy’s Los Alamos field office, provided an update on shipments and said disposing of the lab’s Tru waste remained a top federal priority.

She said that since May 2000, the TRU waste containers held on the surface at the lab were reduced from about 24,000 containers to 2,500 as of Sept. 7. She noted that as the lab continues to exhume waste buried at the site in the past, including a landfill dating back to the 1960s and ’70s, that inventory may increase.

But meanwhile, Kunkle said, the federal government was working “as quickly as possible” to send the lab’s waste to WIPP.

“Shipping our legacy TRU waste from Los Alamos to the Waste Isolation Pilot Plant continues to be one of our top priorities,” she said. “The department has made incredible progress.”

Part of that progress, Kunkle said, was a series of corrugated metal pipes containing plutonium residue, which lab staff recently exhumed, cut into smaller containers and shipped to WIPP. So far, Kunkle said, 63 boxes of this waste were sent to WIPP.

“I know this doesn’t seem like a lot,” she said, “but I do want to emphasize that our waste characterization ability was down for about a year.”

Characterization, or the ability to check and ensure the waste meets federal disposal requirements, was restored at the site in March, Kunkle said.

“We are going to continue moving that waste off the hill as fast as we can,” she added, referring to the lab’s location on a hill that oversees the city of Los Alamos.

Federal officials said about four shipments from Los Alamos were being sent to WIPP each week, out of about 15-17 total shipments.

During the town hall meeting, Santa Fe resident Cindy Weehler, a frequent critic of the Los Alamos lab and WIPP, pointed to federal plans for Los Alamos to restart the production of plutonium pits – the triggers of nuclear warheads – and asked why that process would begin, potentially creating more waste, before existing waste is cleaned up.

The energy department’s National Nuclear Security Administration planned to produce 80 such pits a year by 2030 – 30 a year at Los Alamos and 50 at the Savannah River Site in South Carolina.

“In order to prioritize your bomb making, you’re willing to risk New Mexico property and lives,” Weehler said, arguing the existing waste was further at risk due to the area’s propensity for wildfires. “All we ask is that you do not harm us; you have harmed us.”

Kunkle responded that WIPP had sufficient space, having used only 40% of its 6.2 million cubic foot capacity as outlined by the federal Land Withdrawal Act.

“The new waste will go to the Waste Isolation Pilot Plant, but the good news is that there is plenty of room for all the waste,” Kunkle said. “When we have legacy waste ready for shipment, we get priority.”

But Kenny said the energy department seemed to prefer taking in waste from out-of-state facilities such as Idaho National Laboratory.

In total, Los Alamos sent 1,730 shipments of waste to WIPP since the repository opened in 1999, compared with 7,701 shipments from Idaho. Waste from Idaho is shipped to WIPP under a 1995 agreement between that state and the federal government.

An amendment to the agreement in 2018 said 55% of WIPP’s shipping capacity and all unused capacity should be reserved for Idaho waste disposal.

Kenney said that while the federal government should work to meet commitments to the states, New Mexico should be prioritized as it takes on all the risk with waste being disposed of in the southeast region of the state.

“We would like to be treated equivalently to Idaho and the other states,” he said. “The notion that the federal government can do what it wants when it wants is not cooperative federalism in the way Congress intended.

“Apparently, we’re going to need to make a bigger issue out of it.”

Managing Editor Adrian Hedden can be reached at 575-628-5516, or @AdrianHedden on the social media platform X.

Information taken from the Artesia Police Department. All suspects are innocent until proven guilty.

Sept. 6

Arrest

Gabriel Lujan Jr. arrested for failure to appear.

Daniel Joseph McDonald arrested for battery against a household member.

Eric Daniel Baynot arrested for battery against a household member.

Morgan Eugene Quarless III arrested or failure to appear, aggravated battery vs household member inflicting great bodily harm, abuse of a child.

Triston Leigh Wilkins arrested for abandonment of a child resulting in great bodily harm of death. Criminal damage to property of household member, battery against a household member.

Lindsey R. Rossing arrested for failure to pay, received or transferred stolen vehicles or motor vehicles.

Greg Alan Markham arrested for shoplifting.

WANTED

10:11 am – Officer dispatched to N. 13th St. and W. Chisum Ave. in reference to a wanted subject.

WELFARE

11:20 am – Officer dispatched to S. 5th St. and W. Runyan Ave. in reference to the welfare of a child.

SUSPICIOUS

11:34 am – Officer dispatched to W. JJ Clarke Dr. and N. Roselawn Ave. in reference to a suspicious person.

DOMESTIC

12:41 pm – Officer dispatched to 700 block of W. Lolita Ave. in reference to physical domestic.

BATTERY

2:37 pm – Officer dispatched to 700 block of N. 13th St. in reference to battery.

DOMESTIC

3:23 pm – Officer dispatched to 700 block of N. 10th St. in reference to domestic.

4:07 pm – Officer dispatched to 600 block of W. Logan Ave. in reference to verbal domestic.

ACCIDENT

5:25 pm – Officer dispatched to S. 20th St. and W. Main St. in reference to a motor vehicle accident.

SUSPICIOUS

6:04 pm – Officer dispatched to 1700 block of W. Main St. in reference to a suspicious vehicle.

ACCIDENT

6:41 pm – Officer dispatched to 700 block of N. 10th St. in reference to a motor vehicle accident.

HARASSMENT

6:52 pm – Officer dispatched to 700 block of N. 10th St. in reference to harassment.

8:30 pm – Officer dispatched to 800 block of S. Roselawn Ave. in reference to harassment.

WELFARE

7:25 pm – Officer dispatched to 1200 block of W. Merchant Ave. in reference to child welfare.

SUSPICIOUS

10:29 pm – Officer dispatched to 800 block of Catalina Dr. in reference to a suspicious person.

SHOTS FIRED

11:16 pm – Officer dispatched to 700 block of N. 13th St. in reference to shots fired in the area.

11:46 pm – Officer dispatched to W. Lolita Ave. and N. 8th St. in reference to shots fired in the area.

WELFARE

12:08 pm – Officer dispatched to 600 block of N. 8th St. in reference to the welfare of a child.

Sept 7

SUSPICIOUS

12:23 am – Officer dispatched to 1900 block of W.  Main St. in reference to suspicious activity.

LOUD

1:48 am – Officer dispatched to 1400 block of Springfield St. in reference to loud music.

WELFARE

2:53 am – Officer dispatched to 900 W. Richey Ave. in reference to the welfare of an adult.

4:00 am – Officer dispatched to 700 block of N. 13th St. in reference to the welfare of a child.

DOMESTIC

10:38 am – Officer dispatched to 1400 block of W. Briscoe Ave. in reference to domestic.

11:13 am – Officer dispatched to 700 block of N. 10th St. in reference to domestic.

LARCENY

3:10 pm – Officer dispatched to 2700 block of N. 1st St. in reference to larceny.

HARASSMENT

4:36 pm – Officer dispatched to 100 block of N. York St. in reference to harassment.

ARMED

6:31 pm – Officer dispatched to S. 7th St. and W. Washington Ave. in reference to an armed subject.

WELFARE

8:21 pm – Officer dispatched to 800 block of S. Roselawn Ave. in reference to the welfare of a child.

SUSPICIOUS

11:10 pm – Officer dispatched to 1200 block of W Merchant Ave. in reference to a suspicious person.

11:21 pm – Officer dispatched to 700 block of W. Washington Ave. in reference to a suspicious person.

FIGHT

11:27 pm – Officer dispatched to 500 block of N. 8th St. in reference to a fight.

Sept 8

ARREST

Alfredo Duarte arrested for contempt of court, failure to comply.

DISTURBANCE

1:02 am – Officer dispatched to 100 block of W. Hermosa Dr. in reference to disturbance.

ACCIDENT

8:09 am – Officer dispatched to 1900 block of N. 1st St. in reference to a motor vehicle accident.

DOMESTIC

10:59 am – Officer dispatched to 700 block of W. Lolita Ave. in reference to verbal domestic.

LARCENY

1:02 pm – Officer dispatched to S. 4th St. and W. Dallas Ave. in reference to larceny.

WELFARE

1:15 pm – Officer dispatched to 1900 block of W. Richey Ave. in reference to the welfare of a child.

DOMESTIC

1:17 pm – Officer dispatched to 700 block of W. Lolita Ave. in reference to domestic.

ACCIDENT

1:18 pm – Officer dispatched to 800 block of S. Roselawn Ave. in reference to a motor vehicle accident.

SUSPICUOS

3:04 pm – Officer dispatched to N. 8th St. and W. Lolita Ave. in reference to a suspicious person.

DISTURBANCE

3:43 pm – Officer dispatched to 200 block of W. Quay Ave. in reference to disorderly disturbance.

BURGLARY

5:30 pm – Officer dispatched to 700 block of W. JJ Clarke Dr. in reference to burglary.

WANTED

8:55 pm – Officer dispatched to 3300 block of W. Main St. in reference to a wanted subject.

LARCENY

8:56 pm – Officer dispatched to 1100 block of S. Yates St. in reference to larceny.

DOMESTIC

9:25 pm – Officer dispatched to 1900 block of W. Richey Ave. in reference to domestic.

SUSPICIOUS

11:34 pm – Officer dispatched to 800 block of S. Roselawn Ave. in reference to a suspicious vehicle.

Sept 9

SHOTS FIRED

4:12 am – Officer dispatched to N. 8th St. and W. Cannon Ave. in reference to shots fired in the area.

ACCIDENT

7:54 am – Officer dispatched to S. 13th St. and W. Grand Ave. in reference to a motor vehicle accident.

WELFARE

10:17 am –  Officer dispatched to N. Roselawn Ave. and Mahone Dr. in reference to the welfare of an adult.

11:33 am – Officer dispatched to 1900 block of W. Richey Ave. in reference to the welfare of a child.

BATTERY

12:58 pm – Officer dispatched to 3300 block of W. Main St. in reference to battery.

DISTURBANCE

2:18 pm – Officer dispatched to 600 block of W. Washington Ave. in reference to disturbance.

ACCIDENT

3:30 pm – Officer dispatched to 200 block of S. 13th St. in reference to a motor vehicle accident.

4:20 pm – Officer dispatched to 900 block of S. 1st St. in reference to a motor vehicle accident.

SUSPICIOUS

4:39 pm – Officer dispatched to 2200 block of W. Main St. in reference to a suspicious person.

5:10 pm – Officer dispatched to 700 block of N. 10th St. in reference to suspicious trespass.

ACCIDENT

8:09 pm – Officer dispatched to 2000 block of W. Grand Ave. in reference to a motor vehicle accident.

INCORRIGIBLE

11:10 pm – Officer dispatched to 1900 block of W. Richey Ave. in reference to an incorrigible child.

Sept 10

Arrest

David Segui arrested for driving while under influence of intoxication.

SUSPICIOUS

12:57 am – Officer dispatched to 2000 W. Currier St. in reference to suspicious person.

ACCIDENT

8:00 am – Officer dispatched to 900 block of S. 1st St. in reference to a motor vehicle accident.

DISTURBANCE

10:19 am – Officer dispatched to 100 block of N. 26th St. in reference to disturbance.

SUSPICIOUS

10:43 am -Officer dispatched to N. 5th St. and W. Bush Ave. in reference to a suspicious person.

ALARM

11:04 am – Officer dispatched to 1900 block of W. Main St. in reference to a burglary alarm.

RECKLESS

1:08 pm – Officer dispatched to S. 26th St. and W. Bullock Ave. in reference to a reckless vehicle.

SUSPICIOUS

2:28 pm – Officer dispatched to 1300 block of W. Yucca Ave. in reference to suspicious trespass.

WELFARE

5:17 pm – Officer dispatched to 1300 block of W. Chisum Ave. in reference to the welfare of a child.

ACCIDENT

6:22 pm – Officer dispatched to 200 block of S. 1st St. in reference to a motor vehicle accident.

SUSPICIOUS

6:31 pm – Officer dispatched to 600 block of N. 1st St. in reference to suspicious person.

DOMESTIC

6:44 pm – Officer dispatched to 400 block of W. Logan Ave. in reference to physical domestic.

UNWANTED

10:18 pm – Officer dispatched to 700 N 10th St. in reference to an unwanted subject.

Sept 11

DOMESTIC

3:33 am – Officer dispatched to 900 block of S. 10th St. Ct. in reference to domestic.

RECKLESS

5:41 am – Officer dispatched to 100 block of W. Main St. in reference to a reckless vehicle.

SUSPICIOUS

5:48 am – Officer dispatched to 700 block of N. 10th St. in reference to suspicious activity.

WELFARE

6:10 am – Officer dispatched to 1900 block of W. Richardson Ave. in reference to the welfare of an adult.

12:19 pm – Officer dispatched to 2300 block of W. Grand Ave. in reference to the welfare of an adult.

4:50 pm – Officer dispatched to 1000 block of S. 2nd St. in reference to the welfare of a child.

UNWANTED

9:40 pm – Officer dispatched to 400 block of W. Quay Ave. in reference to an unwanted subject.

SUSPICIOUS

11:35 pm – Officer dispatched to 2700 block of W. Richey Ave. in reference to suspicious activity.

Sept 12

Arrest

James Matthew Grayford arrested for telephone harassment.

Pable Hernandez Jr. arrested for failure to pay fines.

Michael Lawerance Perez arrested for assault against household member, resisting evading an officer.

SUSPICIOUS

8:40 am – Officer dispatched to W. Yucca Ave. and N. 1st St. in reference to a suspicious person.

UNWANTED

8:50 am – Officer dispatched to 1000 block of W. Grand Ave. in reference to an unwanted subject.

WELFARE

11:18 am – Officer dispatched to 1100 block of W. Merchant Ave. in reference to the welfare of an adult.

ACCIDENT

11:58 am – Officer dispatched to 1000 block of W. Richardson Ave. in reference to a motor vehicle accident.

2:32 pm – Officer dispatched to 600 block of N. 26th St. in reference to a motor vehicle accident.

3:35 pm – Officer dispatched to W JJ Clark Dr. and N. 13th St. in reference to a motor vehicle accident.

3:39 pm – Officer dispatched to S. 13th St. and W. Missouri Ave. in reference to a motor vehicle accident.

DOMESTIC

7:17 pm – Officer dispatched to 1200 block of W. Runyan Ave. in reference to domestic.

DISTURBANCE

7:52 pm – Officer dispatched to 300 block of S. 2nd St. in reference to disturbance.

SUSPICIOUS

11:03 pm – Officer dispatched to 400 block of W. Missouri Ave. in reference to a suspicious person.

Laurel Berry
Artesia Daily Press

I grew up in a family of pilots and we spent most weekends at the airport. If I was lucky, my dad would take me to a fly-in, where he’d treat me to a hamburger and a pop at the airport’s cafe.

When the nearby Air Force base had an air show we’d go. When he wasn’t flying, Dad also watched a variety of aviation-themed VHS tapes, some of which were about the National Championship Air Races in Reno, Nevada, and they looked exciting. I developed a deeply held love of aircraft and a goal to attend the races.

But Reno was always a long trip away from wherever I was living, and the trip never happened.

When it was announced that Roswell was selected to host the races starting in 2025, I couldn’t help but think that the aviation gods had brought the races to me.

I’ve been an aviation devotee since I was 9 years old. I even keep an airplane identification book in my car in case I see something unusual. The list goes back 25 years. I don’t know anyone who loves airplanes more than I do.

I can identify many planes by sound alone, negating the need to go tearing out of the house to see what it is every time I hear one coming.

So I bought myself a ticket for the Roswell event and headed out early in the morning on Thursday to ensure I’d be there when the gates opened. As I parked, I watched a Beechcraft Bonanza landing and marveled that regular aircraft were able to utilize the airport despite the event.

The Bonanza reappeared later in the day, waiting patiently on the taxiway for the jet class aircraft to wrap up their race. I assumed it was going to go on its merry way, but I got a valuable lesson in judging a book by its cover – the Bonanza turned out to be a rare F33 CJ 177, a certified acrobat plane.

The typical Bonanza is basically an airplane version of a sedan. Watching this one was a little like watching grandpa’s Buick doing donuts in the church parking lot.

The first race I watched in Roswell was the STOL Drag division. These were planes that were equipped with fat tires, like a gravel bike, and good suspension so they could handle landing on less-than-smooth strips of land in the middle of nowhere.

Planes for adventurers.

They lined up at the start line in pairs then revved their engines and quickly took off, flying low to the end of the runway, touching down and hitting the brakes.

Once they came to a complete stop, they spun around 180 degrees, churning up a tremendous cloud of dust – much of which ended up on my car parked in the lot across the street.

The pilots gunned the engines again almost immediately, flying low over the dirt before touching down on the other side of the start/finish line. The fastest plane wins. I was delighted.

Then it was the biplanes’ turn. I was expecting something old and traditional but these were souped-up, sleek and modern biplanes. They zoomed around the pylons that marked either end of the track.

Planes must stay on the outside of the pylons as they turn the corners. Cutting on the inside results in a penalty of two seconds per lap, which can be enough to push a competitor from first-place to last.

I loved all that but the really exciting competition was the jet class. I brought ear protection but the jets weren’t as loud as I expected. The T-6s were louder but I love the growl of radial engines, so the noise didn’t bother me.

The jets flew 10 laps for a total of 61 miles and a pacer plane – similar to the pace car in an auto race – got them started. Some flew low, close to the 50-foot lower limit. Others were higher, giving them a chance to gain speed for a pass by diving down.

The fastest of the jets flew at 387 miles per hour. The winner, Australian pilot Tammy Camilleri, was one of only two women competing in Thursday’s races. The other female flier was Cathy Page, one of the STOL Drag pilots.

There were demonstration flights in addition to the races, so it was a mightily amped-up air show.

There was a Super Salto jet sailplane, piloted by Bob Carlton from Moriarty. It has a PBS TJ-100 jet engine, so it doesn’t need a tow plane to get off the ground. Carlton put on a beautiful show.

Jim Tobul flew a Korean-war era F4U Corsair. This was a new plane for me to see in action (I checked it off in my book) and the acrobatics were impressive.

As if that wasn’t enough, a B-25J Mitchell WWII bomber, the “Yellow Rose,” showed up from out of nowhere (actually, it came from San Marcos, Texas) and did a fly-by before landing and joining FiFi, one of only two flying B-29s in existence, in the static display area.

And remember that acrobatic Bonanza? As it was wrapping up its show, it joined forces with the Smoke and Thunder Jet Car, a drag racer that belched flame and smoke from its backside like a doorway to hell. They raced each other, to the delight of the kids milling around.

The Roswell National Air Races exceeded my expectations in every way. The excitement from the crowd, the variety of aircraft, watching the races, enjoying the flight demonstrations, and the beautiful weather all came together to make it one of my all-time favorite aviation experiences.

The infrastructure needed to put on an event of this magnitude was tremendous and I thought the organizers did a great job. I’m already planning to go again next year – and every year. I might even be able to talk my dad into coming along next time.

Information provided by governor’s press office

Governor Michelle Lujan Grisham Friday announced the appointment of Eileen Patricia Riordan as judge of the Fifth Judicial District Court.  

The appointment takes effect October 11, filling the vacancy created by the resignation of the Honorable Jane Shuler Gray. 

Riordan previously served as a district judge for the Fifth Judicial District Court from January 2021 to December 2022. She currently works as an attorney with 575 Law Group, LLC in Carlsbad and previously served as Carlsbad City Attorney from August 1995 to December 2020. 

A New Mexico native, Riordan earned her Bachelor of Science degree with honors from New Mexico State University in 1987 and her Juris Doctor from the University of New Mexico School of Law in 1990. She was admitted to the New Mexico Bar in October 1990. 

Her legal experience spans multiple practice areas including personal injury, domestic relations, juvenile law, criminal law, commercial law, and appellate practice. She has extensive trial experience and has prosecuted hundreds of municipal court cases. 

The Fifth Judicial District Court serves Chaves, Eddy, and Lea counties. 

U.S. 285 south of Artesia was closed for nearly five hours Friday morning, said Capt. Amy Dugas of the Eddy County Sheriff’s office.

The New Mexico Department of Transportation (NMDOT) closed the northbound and southbound lanes near Atoka. Dugas said there was a crash that occurred around 5 a.m. and both lanes were closed due to an investigation and reconstruction.

She said the road reopened around 10 a.m. Friday. Officials were asking drivers to use Blevins Road as an alternate route to 13th Street.

Dugas said the cause of the crash remained under investigation as of late Friday morning.

This is a developing story and will be updated as more information becomes available.