Artesia Recreation Center Foundation

A New Mexico District Court, presided over by Judge David Finger, has dismissed the Foundation’s legal challenge to the Construction Industries Division (CID) regulation requiring EV charging infrastructure in all new commercial and residential construction across the state.

While we respect the role of the courts, this decision raises serious concerns about the long-term impact of this mandate on communities like Artesia.

The Court found that requiring private property owners to install EV infrastructure and designate parking spaces exclusively for EV use does not constitute a physical occupation of property. It further concluded that the regulation meets energy conservation goals, even though it requires all construction applicants to increase electrical capacity—driving up project costs significantly.

Additionally, the Court upheld the regulation despite acknowledged gaps in the code and determined that it does not violate constitutional protections against the taking of private property without just compensation.

Perhaps most concerning, the ruling affirms that these costs must be borne entirely by the property owner—regardless of whether electric vehicles are present or in demand in the community. In our case, the Foundation was required to expend over $250,000 to comply, yet the Court determined this did not constitute a legal injury.

This mandate extends beyond commercial projects. It now requires all new residential construction to include EV charging capabilities, even for homeowners who do not own electric vehicles.

The broader implications are clear. Public projects, including facilities such as detention centers, schools, and community centers, will be required to incorporate this infrastructure—adding costs that will ultimately be passed on to taxpayers.

There are also unresolved concerns regarding how this regulation was developed. State law requires that standards related to electrical systems be recommended by the appropriate electrical bureau. However, this regulation was drafted and advanced outside of that process. Despite this, the Court upheld its validity.

The Artesia Recreation Center Foundation, believes strongly in responsible progress. However, policies must reflect the realities of the communities they impact. In rural areas and lower-income regions, mandates like this risk placing unnecessary financial strain on families, nonprofits, and local governments.

This decision is not just about one project—it sets a precedent that will affect development across New Mexico for years to come.

Key findings from the court’s decision

Judge Finger dismissed the Foundation’s case and, among other findings, ruled:

• The requirement to install EV infrastructure and chargers on private property does not constitute a physical occupation of that property. (Insert photo of EV chargers if available.)

• The regulation fulfills its stated purpose of establishing minimum energy conservation standards for commercial buildings, even though all construction applicants must increase electrical (ampere) capacity to comply.

• The code can be understood by persons of common intelligence, even though certain sections referenced in the code are missing or do not exist.

• The regulation requires private property owners to designate a number of parking spaces exclusively for EV users.

• The regulation does not violate Article II, Section 20 of the New Mexico Constitution regarding the taking of private property without just compensation.

• All costs associated with EV infrastructure—including chargers, infrastructure, and dedicated parking—must be paid by the construction applicant, even in areas with little or no EV presence.

• The Foundation did not suffer a legal injury, despite being required to expend over $250,000 to comply with the regulation.

Statewide impact of the regulation

The implications of this ruling extend across New Mexico:

• All new commercial construction projects must include EV infrastructure and designate EV-only parking spaces. This includes public facilities such as the Eddy County jail.

• All new residential homes must include EV charging capability and infrastructure, regardless of whether the homeowner owns an electric vehicle.

• Long-term infrastructure costs: The code requires additional capacity for future EV growth, including reserving approximately 10% of parking for future charger expansion. This means parking lots may need to be torn up and rebuilt to accommodate additional infrastructure—costs that will ultimately fall to cities and taxpayers.

Regulatory concerns

State statute requires that regulations involving the installation or use of electrical wiring be recommended by CID’s electrical bureau and its chief.

• The EV infrastructure regulation was drafted and recommended by CID’s trade bureau chief, Martin Romero.

• The trade bureau chief does not have statutory authority to recommend regulations related to electrical wiring standards.

• Despite this, the Court found the regulation to be proper.

• Public statements from CID leadership indicate the regulation is intended to “move New Mexico forward,” even as it increases construction costs for both commercial and residential projects—costs that may disproportionately impact lower-income communities.

Adrian Hedden
Artesia Daily Press
achedden@currentargus.com

Jon Green was dealt another blow in court after an appeals judge sought to affirm his conviction for attempting to have his ex-wife killed.

Green, 67, was sentenced on June 17, 2025, to nine years in prison on a single charge of solicitation to commit first-degree murder. Police said he conspired with his Eddy County Detention Center cellmate Greg Markham to kill Kim Lark.

A two-day jury trial led to a guilty verdict on Tuesday, March 3, 2025. Green appealed the conviction Aug. 22.

On Feb. 19, New Mexico Appeals Judge Katherine Wray filed a proposal to affirm the conviction. Green then filed a motion opposing the affirmation on March 26.

Wray’s proposed summary affirmation was not a final decision on the case, but a proposal as to how the court should rule, allowing Green the option to file his own motion in response. A ruling by the appeals court was pending as of Monday.

Green asserted in his initial appeal and response that the case against him improperly relied on “hearsay” statements made outside the court, allegedly during conversations between him and Markham in their cell at the Eddy County Detention Center.

Markham described these conversations from the witness stand during the trial.

The appeal also argued there was “insufficient evidence” that Green intended to have Lark killed as the case leaned on the testimony of Markham, who Green argued was granted leniency in his own criminal cases in exchange for testifying.

Markham was originally charged with conspiracy to commit murder but the charge was dropped ahead of Green’s trial.

But Wray contended neither argument held weight. She wrote that recordings of the Green-Markham conversations were properly entered into evidence, and that the court cannot interfere with a jury’s thought process when considering a witness and potential deals with prosecutors.

Wray also concluded that when Detention Center Warden Bill Massingill was called to testify as to the veracity of the recordings, the warden’s statements were admitted because they were “not offered for the truth of the matter asserted, but rather as context” for Green’s statements on the recording.

Failed marriage to murder-for-hire

Lark was married to Green for two years and filed for divorce on April 25, 2022, after she said she caught her then-husband stealing from her.

The thefts Lark described led to convictions against Green on multiple larceny and forgery charges in two separate cases on Sept. 8, 2023.

He was accused in May 2022 of stealing two cadaver dogs owned by Lark and used in her search and rescue work with the Federal Emergency Management Agency (FEMA) and the U.S. Department of Homeland Security (DHS). The theft led to a multi-week manhunt, as investigators tracked Green to Bexar County, Texas, where he was arrested, and the dogs were returned.

He was charged separately for forging several checks in Lark’s name in 2021 while they were still married.

Investigators said Green hatched the plot to kill Lark from within the jail while awaiting trial in January 2023, promising to bail Markham out in exchange for the murder.

Markham said at trial that the plot was intended to prevent Lark from testifying in the dognapping and forgery cases.

In March 2023, Lark contacted police after a third Green cellmate, Ryan Gonzalez, who at that time was incarcerated in Abilene, Texas, sent her a letter revealing the plot based on conversations he said he had with Green and Markham at the Eddy County jail.

Using cellphone records, investigators were able to piece together the flow of money and multiple conversations involving Green, Markham and a woman in Redondo Beach, California, Jennifer Thomas.

Police said Thomas helped move money from Green’s bank accounts to Markham using Western Union locations in Redondo Beach and Carlsbad. Thomas was never charged with a crime for her role.

Markham testified at the trial that he never intended to force Lark to overdose on fentanyl as was planned. He said he agreed to the plot so that Green would help him get out of the jail where he was serving a sentence for an unrelated drug crime.

Conviction in Monaco

Green’s criminal record did not begin in Carlsbad.

In 1999, Green’s name was Ted Maher. He worked as a private nurse for billionaire banker Edmond Safra who was killed that year in a fire along with another nurse, Vivienne Torrente, according to a 2007 article in the New York Post.

Green, then known as Maher, was convicted of starting the blaze and sentenced to 10 years in prison in Monaco.

After being released, he changed his name, moved to New Mexico and married Lark on Valentine’s Day 2020.

Eddy County District Judge David Finger ruled Green’s history in Monaco was inadmissible in the Carlsbad trial.

Thomas co-authored a book with her husband Bill Hayes about Green’s Monaco conviction titled “Framed in Monte Carlo,” which was published April 27, 2021.

Photos by Mike Smith, Artesia Daily Press

Artesia Public Schools elementary school kids had the chance Friday to talk with adults about possible career paths after high school.

People from government, the medical field and industry gathered for the fifth annual career fair, said Deserii Mondragon, a social worker at Central Elementary School.

Wayne Shockey from the Eddy County Extension Office during the Central Elementary School Career Fair.

“It has grown every year,” she said during an interview at Central Elementary School as kids learned of potential job opportunities available in the Artesia area.

“We want to be able to expand our student’s minds and help them grow.”

U.S. Army veteran and Artesia Public Schools teacher Nathan Ryno was at the career fair.

“I was representing the career of Soldier.  With my experience of serving over 22 years and being a prior Army recruiter, I can speak on what the Army does and offers,” he said.

Christina Holt
News-Sun

Nuclear waste shipments to the Waste Isolation Pilot Plant could soon pass through Hobbs, as planned highway construction forces officials to seek a temporary alternate route.

The proposed route would bring the shipments through Seminole, Texas, crossing into New Mexico on Highway 62 before continuing on Marland Boulevard through Hobbs to reach the facility about 30 miles east of Carlsbad.

At WIPP, the Energy Department disposes of transuranic nuclear waste (TRU), which is clothing materials, equipment and other debris irradiated during nuclear activities.

The waste is buried at WIPP in a salt deposit about 2,000 feet underground. The salt gradually collapses on the waste, burying the refuse and blocking radiation from escaping.

WIPP’s current transportation route to bring waste in for disposal enters New Mexico on Highway 176 from Andrews, Texas, then travels south on Highway 18 to Jal, and then west on Highway 128 to the facility. But there is planned construction for both Highways 176 and 128 that will completely interrupt the route.

It was unclear how long the interruption would last. The new route will need approval by both the City of Hobbs and Lea County.

The Hobbs city commission did not make a decision at its Monday, April 6 meeting on the proposed route.

WIPP officials are scheduled to present the proposed new route to state regulators on April 16 and invited members of the Hobbs city commission to attend.

Commissioner Larron Fields said his biggest concern was safety since the shipments would be going through the heart of Hobbs.

“I understand we do have gas and oil and other material coming through but when you start talking about nuclear waste, it raises a big concern,” Fields said.

Hobbs Mayor Jonathan Sena didn’t have an issue with the nuclear waste being transported through town because he said it has been done before and thinks it is safe.

“If it’s safe, legal and ethical, I want to try,” Sena said. “I know from my perspective, I wouldn’t oppose this on a temporary basis until we get those highways opened up. I appreciate your transparency and coming to talk to us about this.”

City Manager Manny Gomez said the proposed route would pass through commercial areas as well as some residential areas with pedestrian cross walks and passing some schools.

Specifically, the route would pass directly by the Hobbs High School C-TECH building on Marland Boulevard and two blocks away from Edison Elementary located at 501 E. Gypsy Street.

WIPP has been transporting nuclear waste in the Lea County area for 25 years argued James Mason, WIPP institutional affairs manager, who presented the alternative route at the Hobbs City Commission meeting.

“These are one of the safest transports in the world,” he said. “We are right now at about 14,700 shipments and 17.5 million miles with no incidents.”

There will be about 60 shipments a year over a 40-week period, coming from Georgia and Tennessee. The shipments will undergo several inspections while traveling, Mason said.

The contaminated materials will include tools and gowns from the production of national defense weapons. No liquids, explosives or anything of that nature will be included, Mason said.

The plan would be to come through Hobbs about 1 or 2 p.m. to avoid the morning and evening oilfield traffic rush hour, Mason said.

Local consent

In preparation for establishing a new route, Mason has approached multiple city and county commissions in Texas to get approval to transport the nuclear waste through those communities.

Mason said Big Spring in Howard County, Texas, Lamesa in Owen County, Texas and Seminole in Gaines County, Texas have all given consent to allow WIPP to ship through those towns.

So, the final approval needed to establish WIPP’s new route is from Hobbs city commission and Lea County.

Though the state of New Mexico Transportation Commission would ultimately approve the new route, each community must give their consent to the transport plan.

“We are not going to impose this on any community,” Mason said. “We go work with those communities and get their consent. So, that’s what we’ve been doing. We prefer to work with our communities and develop these relationships.”

Christina Holt’s email is reporter3@hobbsnews.com.