Could This Tiny New Mexico County Rewrite Fracking Rules?

Along New Mexico's southeastern border sits the Permian Basin, a shale play rich in oil and natural gas. There's nothing particularly distinct about New Mexico's approach to fracking —the somewhat controversial practice which is making these resources available for the first time. But earlier this year, Mora County—population 4,700 —became the first in the country to ban fracking in any form. The county, which is entirely rural and somewhat poor, relies entirely upon personal wells for drinking water and to feed cattle. Instead of embracing the potential for huge paydays and a more robust tax base, residents decided to shut the door on landmen they considered exploitative, and continuing their quiet way of life with aquifers unaffected by fracking. One of the biggest issues when it comes to fracking is who makes the rules. The federal government is expected to come out with rules in early 2014 that set standards for chemical disclosure, well integrity, and acceptable disposal methods for fracking wastewater for wells on public lands. Already, several states—led by Texas and North Dakota —are opposing federal government intrusion, saying that state laws are more than sufficient and further regulation will only slow economic development. But now, several municipalities are challenging state laws or simply implementing their own laws. New Mexico has no ban on fracking, and many observers wondered aloud if Mora County could ever afford a legal fight should an energy company bring one against the municipality. But those worries were put to rest in July when the county announced that the New Mexico Environmental Law Center would be representing Mora County on a pro-bono basis should a suit be filed...more