FEMA to appeal ruling granting 鈥榥oneconomic鈥� damages to Hermit's Peak-Calf Canyon Fire victims
鈥擯atrick Lohman,
Lawyers for the Federal Emergency Management Agency intend to appeal a judge鈥檚 ruling that orders the agency to award hundreds of millions of dollars to Hermits Peak-Calf Canyon Fire victims for the emotional toll of the 2022 wildfire, according to recent court filings.
The notices last week from FEMA and lawyers at the United States Attorney鈥檚 Office in New Mexico begin another potentially years-long chapter in a long-running legal dispute. The conflict centers on whether the agency must compensate victims of the state鈥檚 biggest-ever wildfire for 鈥渘oneconomic damages,鈥� which are similar to pain and suffering payments.
A federal judge has repeatedly ruled against FEMA, including in a 99-page ruling late last year and again Aug. 4. The agency has also faced criticism, , for not accepting the court鈥檚 ruling and paying the additional compensation to fire victims, some of whom are and still grappling with the fire鈥檚 impact on their lives.
FEMA and United States Attorney鈥檚 Office officials declined to comment on the appeal or the criticism.
After the fire, which resulted from two botched U.S. Forest Service prescribed burns, Congress approved $5.5 billion in compensation for people, businesses and others that suffered losses as a result.
FEMA interpreted the legislation Congress passed to exclude payments for intangible aspects of the wildfire, saying the law only covered losses with a price tag, like homes, property, vehicles or medical expenses.
But plaintiffs鈥� lawyers representing more than 1,000 fire victims in federal court, saying Congress intended its compensation fund to include payments for 鈥渘oneconomic damages.鈥� They also argued that New Mexico law allows for such payments, which was one element of the lawsuit, an opinion with which the concurs.
In addition to being legal, plaintiffs鈥� lawyers say the payments mark one way to ensure the distribution of funds is more equitable, particularly for fire victims who had modest economic losses but were nonetheless affected emotionally in the fire.
The appeals notices themselves do not lay out the basis for FEMA鈥檚 decision to fight federal Judge James O. Browning鈥檚 rulings.
Brian Col贸n, a former state treasurer and lawyer representing fire victims with law firm Singleton Schreiber, told Source New Mexico in an email late Monday that the Solicitor General of the United States has the final say on how the agency will proceed.
鈥淲e hope to hear something soon as to the details of what they intend to appeal,鈥� Col贸n said.
Col贸n鈥檚 firm has previously estimated the total 鈥渘oneconomic鈥� damage cost to the compensation fund could be about $400 million.
While FEMA is fighting the judge鈥檚 ruling, it has continued to pay out economic damages to fire victims. According to the latest update Sept. 23, the office had paid out A little more than $2.3 billion of that has gone to individuals and households, according to the agency.
Pedestrian fencing to go up on East Central in Albuquerque
In Albuquerque, the City has begun installing new protective fencing on medians along Central Avenue in the International District.
KOB reports the fencing will direct pedestrians to cross Central at intersections and at designated pedestrian crossings. The fencing is being built on Louisiana Boulevard, Wyoming Street, and Pennsylvania Boulevard.
The city says the work should take about two months. Some lane closures are expected during construction.
The city also stated they鈥檙e working on other major updates along east Central, including reducing the speed limit to 35 mph and re-striping from six lanes to four. The re-striping is expected to make room for business access lanes, transit lanes and right-turn-only lanes. The city also plans to install two pedestrian crossings with lights.
The changes are in part a response to pedestrian deaths and injuries on East Central. For the past eight years, New Mexico has ranked first nationally in the rate of pedestrian fatalities according to the Governors Highway Safety Association. A little more than half of those pedestrian deaths happened in Albuquerque.
National Guard to be deployed to Espa帽ola, second NM city to see military presence - Patrick Lohmann,
New Mexico鈥檚 National Guard Adjutant General announced Monday that guardsmen will soon be deployed to Espa帽ola, a town of roughly 10,000 people in Northern New Mexico whose leaders recently asked for state help dealing with a crime, drug and housing crisis.
Espa帽ola will be the second New Mexico city to receive National Guard troops. Albuquerque, the state鈥檚 biggest city, has seen a
Gov. Michelle Lujan Grisham authorized the deployments to both cities in emergency orders that cite rising crime and short-staffed law enforcement agencies. The governor鈥檚 Aug. 13 emergency order for the Espa帽ola area authorized National Guard deployments, along with funding for emergency housing or healthcare help. Her office stressed at the time that there were no imminent plans to deploy National Guard troops to Espa帽ola.
According to the executive order in the last two years, and police dispatches to businesses have quadrupled in that same period. She also cited Rio Arriba County鈥檚 high overdose death rate, 鈥渨ith residents struggling with addiction to fentanyl and other illicit substances.鈥� Lujan Grisham鈥檚 order also authorized $750,000 in emergency spending. Last week, the state health department is one of three in Northern New Mexico with surging overdose deaths and overdose emergency room visits.
While the decision has now been made to send them, the number of troops, as well as their assignment, is still being determined, Miguel Aguilar told Source New Mexico on Monday after presenting in Albuquerque to the interim Courts, Corrections and Criminal Justice committee of the Legislature.
鈥淲e don鈥檛 even know what the number is going to be,鈥� Aguilar told Source. 鈥淚t鈥檚 just a matter of what the scope is.鈥�
Aguilar and Espa帽ola Police Chief Mizel Garcia presented to the committee to answer questions about the role the guard could play in Espa帽ola and elsewhere, and to address swirling controversy about President Donald Trump鈥檚 use of the National Guard in American cities, including Washington, D.C. and Los Angeles.
Aguilar said his troops鈥� presence in Albuquerque since April has freed up Albuquerque police to make more arrests. The National Guard has taken some administrative tasks off police officers鈥� hands, including compiling case files for prosecutors, directing traffic and monitoring surveillance cameras.
Garcia said the guard will be useful in his town, assisting an under-staffed police department in some form. But he acknowledged that their deployment could face public opposition.
鈥淢y biggest concern right now is fear,鈥� he said. 鈥淏ecause of the cultural background that we have in Espanola, there鈥檚 always been a fear of the National Guard coming in.鈥�
He said he and his staff had multiple community meetings in recent weeks, in which they sought to reassure the community that police and the guard are working together 鈥渁s a team.鈥�
Garcia said the troops鈥� arrival could occur as soon as early October.
Several lawmakers said they were concerned about the prospect of an expanded military presence in New Mexico communities, especially given Trump鈥檚 use of the guard.
Rep. Andrea Romero (D-Santa Fe) said defining a mission for the guard鈥檚 deployment in Espa帽ola is vital, as is more clarity about who is in charge and who is accountable.
鈥淚鈥檓 currently not understanding the strategy, even looking to Albuquerque as a way in which I can try to understand what鈥檚 going to happen in Espa帽ola,鈥� she said.
The committee invited Naureen Shah, an expert and attorney for the national American Civil Liberties Union, to lay out her concerns about civil rights for civilians who are increasingly interacting with domestic military forces.
She said that, while she does not pretend to understand all the local forces that might be used to justify the guard鈥檚 presence in New Mexico, deploying the guard here gives Trump cover.
鈥淭his administration wants to be able to deploy the military at the president鈥檚 whim as a tool against his political opponents,鈥� she said. 鈥淎nd the more that happens at a state level, the more it normalizes it for the Trump administration.鈥�
Officials close Gorge Bridge in Taos due to recent suicides 鈥� 91暗网 News,
The Rio Grande Gorge Bridge in Taos will be closed to pedestrians beginning today following a third suicide in as many weeks.
The Taos News reports the Department of Transportation is closing the bridge until more suicide-prevention measures are identified. Deputies responded to 911 calls on Saturday for the latest suicide at the bridge, a 15-year-old boy from Taos.
The Taos News has reported a total of five suicides so far this year at the bridge. There are crisis call boxes at the structure and several years ago, the New Mexico Department of Transportation hired a private security company to place a guard at the bridge around the clock.
DOT told the paper it will increase the number of contract security guards at the bridge. Local residents have been advocating for more physical prevention measures.
in New Mexico by 9% in 2024 compared to 2023. In 60% of those deaths, a firearm was involved, according to the Department of Health.
And just a note, if you or someone you know is struggling or in crisis, you can call or text 988 or start a chat at 988lifeline.org.
New Mexico AG announces indictment of 鈥榠mposter nurse鈥� for abuse and misconduct - Austin Fisher,
New Mexico prosecutors allege that an 鈥渋mposter nurse鈥� nearly caused the death of a hospice patient earlier this summer after working for three health care providers in Albuquerque for a year-and-a-half using a stolen identity.
A Bernalillo County grand jury on Aug. 22 26-year-old April Guadalupe Hernandez, of Los Lunas, with 19 criminal counts including falsifying documents, nursing without a license, fraud, identity theft and abuse.
The indictment alleges that Hernandez stole the identity of three people with similar names in order to deceive three different Albuquerque-based hospice centers, and went on to receive up to $40,000 in fraudulent wages.
The New Mexico Department of Justice said in a on Thursday that Hernandez, a certified nurse assistant, stole the identities of two registered nurses from Texas and California and a licensed practical nurse in Kansas in order to work as a nurse in New Mexico.
The indictment charges Hernandez with abuse of a care facility resident on June 7. The news release states that she allegedly mis-transcribed a medication order for a patient that nearly led to the administration of a fatal dose of morphine.
鈥淭o exploit trusting patients in their most vulnerable moments is unconscionable,鈥� Attorney General Ra煤l Torrez said in a statement. 鈥淭hese charges send a clear message: the New Mexico Department of Justice will not tolerate those who endanger the safety of patients or betray the trust of our health care system. Anyone posing as a health care provider in New Mexico will be prosecuted to the fullest extent of the law as we continue to fight to protect those who are in their most vulnerable state.鈥�
If convicted on all counts, the defendant could face up to 27-and-a-half years in prison, the news release states.
Hernandez is set to appear before Second Judicial District Court Judge Britt Baca on Sept. 8, according to court records.
New Mexico鈥檚 health care crisis is forcing military personnel to decline assignments - Natalie Robbins,
About a year after Christine Calhoun and her family moved to Cannon Air Force Base, her 5-year-old son woke up from a nap and didn鈥檛 remember her.
鈥淚t was horrifying,鈥� Calhoun said.
In Clovis, the closest city to Cannon, there are no pediatric neurologists. That night, Calhoun and her husband, a senior master sergeant in the U.S. Air Force, drove two hours to Amarillo, Texas, and slept in shifts at a hotel, making sure their son stayed awake for his electroencephalogram the next morning. After he was examined at a hospital, the Calhouns returned to New Mexico from what would be the first of many trips to Texas over the next few years.
鈥淲e went to the hospital here (in Clovis) and they literally were like, there is not much we can do,鈥� Calhoun said.
Calhoun鈥檚 son, now 9, was diagnosed with migraines with aura, a type of headache that can cause sensory or cognitive disturbances like blind spots, numbness or amnesia. His mother regularly takes a day off from her job as a middle school special education teacher to make the four-hour round trip to Texas so her son can see his doctor or get a medication refill. Because of a state law, he can鈥檛 see his doctor via telehealth.
When their older son experienced similar debilitating migraines when the Calhouns lived outside of Boston, they made the short drive to Massachusetts General Hospital, where 鈥渆verything was taken care of,鈥� she said. The Calhouns have lived in Massachusetts, North Carolina and Washington, and say they have not had issues with medical care at any other Air Force base.
鈥淢y husband retires soon, and we would like to make Clovis our home,鈥� Calhoun said. 鈥淲e enjoy the community. We鈥檝e had very good luck in the schools, and we have kind of been able to make this area our own. Our only concern, honestly, is the lack of medical care for special needs.鈥�
The shortage of health care providers in New Mexico means the people who live here face long waits to see a doctor. In rural areas of the state, where access is even more scarce, residents often face two options: travel to a neighboring state for care like the Calhouns, or go without it.
At New Mexico鈥檚 three Air Force bases 鈥� Kirtland in Albuquerque, Cannon near Clovis and Holloman outside of Alamogordo 鈥� the lack of specialty medical care is a major deterrent to service members who are assigned there, U.S. Air Force officials said.
One in five airmen assigned to a base in New Mexico must turn down the post because the medical care is not sufficient for a member of their family, according to Col. Steven M. Fox, commander of the 377th Medical Group at Kirtland. The rate of medical rejections in New Mexico is about double the Air Force average, Fox said.
鈥�(It鈥檚 affecting) the ability of the state as a whole to recruit, not just military,鈥� said Megan DeLaRosa, executive director of the Kirtland Partnership Committee, a nonprofit affiliated with the base. 鈥淲e spend so much on economic development, and we don鈥檛 have the health care system to support it.鈥�
A 2024 from nonprofit policy group Think New Mexico reveals the state鈥檚 profound provider deficit: New Mexico is short 30% for nurses, almost 19% for primary care doctors, 25% for OB-GYNs, 35% for psychiatrists and 73% for EMTs.
The reasons for the shortage are varied, advocates say. Among them: high gross receipts taxes on medical services, plaintiff-friendly medical malpractice laws, limited capability for doctors in other states to practice via telehealth, and a population significantly reliant on Medicaid and Medicare and its low reimbursement rates.
In August, Kirtland a record-breaking $7.5 billion economic impact at a reception in Albuquerque, though in his speech, Base Commander Col. Justin Secrest revealed the Air Force had spent over $1 million in recent years sending airmen or their families out of New Mexico to receive medical care.
鈥淭his actually shocked me,鈥� Secrest said.
Kirtland hosts the Bump & Beyond Expo at the Family Medicine building 377th Medical Group at Kirtland Air Force Base in Albuquerque, on Wednesday.
Sometimes a needed specialist does have a practice near a base, but the wait to see the doctor is so long that it doesn鈥檛 meet military health care requirements, Fox said.
鈥淚f you鈥檙e going to be here for a two-year assignment, but it鈥檚 going to take 18 months before you can get in 鈥� maybe they have it, but there鈥檚 also a mandated access-to-care standard,鈥� Fox said. 鈥淲e wouldn鈥檛 want to unduly delay someone鈥檚 care by bringing them here.鈥�
Cannon, Kirtland and Holloman rank among the top 17 Air Force bases for medical rejection, Fox said. The rest of the list, he added, is made up mostly of remote locations in less-populous states like North Dakota and Montana.
鈥淜irtland just did this huge, historic economic impact. We鈥檙e growing. We continue to grow. But the only way we can continue that growth is if we sustain our quality of life,鈥� DeLaRosa said. 鈥淚n order to preserve the viability of our state, we must invest in the well-being of our people, because when our communities thrive, so does our country.鈥�
Two years ago, the rate of rejection due to lack of specialty medical care at Cannon Air Force Base was almost 40%, according to the base鈥檚 Public Affairs Chief Jackie Pienkowski. As a response, the base launched its circuit rider program last year, bringing in specialists from larger military hospitals in San Antonio, Texas, or Las Vegas, Nevada, on a rotating basis. Cannon鈥檚 medical rejection rate is now down to 12%, Pienkowski said.
For now, the circuit rider program does not include pediatric neurologists, so Calhoun will continue her regular drives to Amarillo so her son can see a doctor.
鈥淲e are fortunate enough to be able to take time off work to be able to do that, but not everybody is,鈥� Calhoun said. 鈥淗aving to pick between medical care and normal daily living functions is not fair.鈥�
More candidates join 2nd Congressional District race - Cathy Cook,
Voters won鈥檛 be able to cast ballots in the 2nd Congressional District race until next year, but the field of candidates has begun to expand.
Incumbent Democrat Gabe Vasquez officially launched his reelection campaign over the weekend, and a retired Albuquerque police detective, Greg Cunningham, is the second Republican planning to enter the race, joining radio station owner Eddy Aragon.
Historically, the 2nd Congressional District is the most competitive of the state鈥檚 three districts. It encompasses much of southern New Mexico, but also reaches north into Albuquerque鈥檚 South Valley. Aragon and Cunningham both live in Albuquerque, while Vasquez calls Las Cruces home.
The district was redrawn in 2021 to include less of conservative-leaning eastern New Mexico and add part of Albuquerque, over Republican Party objections. The New Mexico Supreme Court the congressional map after a lower court found it constitutional, saying it fell short of 鈥渆gregious鈥� gerrymandering.
The seat was solidly Republican from the 1980s into the 2000s, but has swung from red to blue to red to blue in recent years 鈥� a trend broken when Vasquez won a second term in 2024.
Vasquez kicked off his reelection campaign Saturday with stops up and down Interstate 25, traveling from Albuquerque to Mesilla.
鈥淔rom protecting public lands, funding critical infrastructure projects, funding local police departments and fighting to lower health care costs, I鈥檓 proud of the wins I鈥檝e delivered, and I鈥檓 just getting started,鈥� Vasquez said in a statement.
Cunningham confirmed he plans to run, but has not officially announced or filed yet. The Marine Corps veteran previously ran for state House District 29 in 2022 and 2024, losing twice to Democratic incumbent Joy Garratt.
鈥淚t breaks my heart to see the state I love continue to struggle with deep poverty, out of control crime, and a broken education system,鈥� Cunningham said in a statement.
Aragon announced his campaign, with a focus on American exceptionalism, in .
Vasquez has raised $878,630 for his reelection campaign, spent $291,696 and has more than $626,000 cash on hand, according to a June campaign finance .
Aragon has raised $3,214, spent $126 and has just over $3,000 cash on hand, according to his June campaign finance .
Governor touts New Mexico鈥檚 lower methane numbers, but state still falling short on 2030 climate goal - Danielle Prokop,
New Mexico鈥檚 stricter methane rules for oil and gas companies mean the state鈥檚 emissions are half of releases from neighboring Texas, Gov. Michelle Lujan Grisham announced in a news conference Monday, alongside environmental advocates.
鈥淲e know that methane is what creates global warming, faster than any of our other carbon issues on the planet. So if you鈥檙e gonna make an impact, this is where you must make it,鈥� Lujan Grisham said.
Satellite data 1.2% of natural gas escaping into the atmosphere relative to the total amount produced and sold in New Mexico 鈥� a measure called methane intensity鈥� compared to 3.1% in Texas.
The results are 鈥渟triking,鈥� Environmental Defense Fund Energy Transition Associate Vice President Jon Goldstein said during the news conference.
鈥淚t鈥檚 the clearest evidence yet that regulations are working,鈥� he noted. 鈥淭he state鈥檚 efforts to put sensible requirements in place to limit methane emissions from oil and gas development are having a marked impact on pollution on the state.鈥�
Methane is a colorless, odorless gas and a significant driver of climate change as it is , according to the U.S. Environmental Protection Agency. New Mexico passed rules in 2021 and 2022 to require producers to track and capture 98% of the gases. The EPA issued under the Biden Administration, which President Donald Trump has , prompting pushback from states, including New Mexico.
Lujan Grisham said she hopes the state can be a leader on the issue, as the federal government moves to implement more regulations cuts for industry.
鈥淚 don鈥檛 have a good ready statement except that I believe New Mexico won鈥檛 be one of those places that can be strong-armed to do the wrong thing for the people that we serve,鈥� she said.
But the findings 鈥� which include data collected by nine satellites and validated by the Environmental Defense Fund 鈥� still show that New Mexico is projected to have higher greenhouse gas emissions than its 2030 goals set forth in an executive order issued by Lujan Grisham in 2019.
Efforts to in recent sessions have failed, and the Lujan Grisham administration is running out of time to pass them, given the 2026 30-day session will be the last of her second term.
The Environmental Defense Fund noted that New Mexico鈥檚 methane emission rate is still 鈥渁ppreciably high,鈥� and that additional efforts would need to be in place to reduce emissions. Oil and gas production in the Permian Basin has more than doubled since 2020.
Lujan Grisham acknowledged that 鈥渨e are seeing a drastic reduction in our greenhouse gases methane, but it鈥檚 not where we have to be by 2030.鈥�
New Mexico Environment Secretary James Kenney said the state would work with EDF to close the 9% gap and meet the 2030 emissions reduction goal.
鈥淭his partnership, this ability to work together, to develop the science, to work with regulators, to then implement what we鈥檙e learning will show that there is not a lack of leadership around climate in the United States 鈥� it鈥檚 actually happening within the states,鈥� he said.