What the extraction industry calls "produced water" is the subject of hearings this week in New Mexico.

The term applies to water coming out of the ground along with oil and gas, which can be toxic to humans, animals and the environment.

The New Mexico Environment Department has developed draft rules for the reuse of such water, while also creating safeguards.

Camilla Feibelman, director of the Rio Grande chapter of the Sierra Club, encouraged residents to support the rule.

"What this rule-making does is to prohibit the use of this produced water outside oil and gas operations," Feibelman explained. "It keeps it from being discharged in a way that would harm our surface waters and our groundwater."

A hearing by the Water Quality Control Commission at the State Capitol allows for public comments from 9 a.m. to 1 p.m. the rest of the week. Even though the rule is meant to enforce protections, some environmental opponents have rallied outside the State Capitol, arguing no produced water is safe and will always pose a threat to New Mexicans' health and safety.

The rule allows for research projects on the use of produced water, as long as there is no discharge to surface or groundwater, and formalizes the approach already used by the department. Feibelman says the Sierra Club opposes the use of produced water closed-loop industrial processes, in part because the state's environmental division did not provide any substantive testimony supporting its use.

"We want to make sure that these liquids that are dangerous and filled with toxic chemicals -- even in some cases naturally occurring radioactive material -- don't intersect with any of our waters," Feibelman emphasized.

A 2023 lawsuit claiming the state has failed to enforce pollution laws while also allowing more oil and gas production is currently making its way through the New Mexico courts.

Two new studies find that without sustained intervention, California may permanently lose big sections of old-growth giant sequoia groves.

The majestic trees only grow on the western slope of the Sierra Nevada. Since 2015, 20% of them have died, mostly in three megafires in 2020 and 2021.

David Soderberg, Ph.D, a biologist with the U.S. Geological Survey and a study co-author, said the blazes incinerated many of the older, seed-bearing trees.

"You're getting much larger patches of fires burning at what's called high severity. So, you have this kind of bad combination for the sequoias where many more of the mature trees are dying, and there are many fewer of the seedlings regenerating," he explained.

The studies show there are substantially fewer seedlings than in the past, and those that germinate are imperiled by drought and heat stress linked to climate change. The Giant Sequoia Lands Coalition partners have planted more than 500,000 native seedlings in severely burned areas where reproduction has been insufficient.

Paul Ringgold, chief program officer with the Save the Redwoods League, said the idea is to give forest regeneration a head start.

"When you're planting seedlings, you're planting trees that have been grown in the nursery for two years or more. They're more robust than a seedling that is sprouting from a seed, giving it a little bit of an edge against the impact of drier, hotter summers," he said.

Old-growth sequoia are the world's largest trees and depend on fire to reproduce. But Ringgold noted that past fire-suppression efforts have led to a buildup of excessive fuel loads in the forests. So, extensive projects are underway to clear out dead vegetation and make the groves more resilient to fire.

Nearly 10,000 Montanans have petitioned the U.S. Forest Service to prevent mining activity in the iconic Smith River watershed.

The Smith is known for its majestic views and numerous wildlife species but it is also a huge draw for outdoor enthusiasts seeking to "disconnect." The Smith River Public Lands Coalition has called on the Forest Service to withdraw mineral leases granted to a company planning a $4 billion copper mine on private land near Sheep Creek, which feeds the Smith more than half of its water.

Josh Seckinger, a Bozeman-based Smith River guide, estimated he has floated the 5-day, 59-mile-long Smith 100 times. He thinks the copper sulfide mine drainage would be devastating.

"It just decimates anything with gills downstream," Seckinger pointed out. "That's fish, that's amphibians, that's aquatic bug life. It's a terrible way to sterilize a river."

Mine developer Black Butte Copper said it is committed to preserving Montana's water while creating economic development opportunities in the state, and claims it can build the mine in an environmentally friendly way.

Seckinger noted beyond the environmental and wildlife damage the mine drainage could cause, it also threatens the local landscape and the recreational economy built around the Smith River. He argued it is not just a hit to the businesses but to Montanans who want to experience the trip. It requires winning a permit in a state lottery.

"It is my hope that every resident of this state puts in for a lottery permit and wins, so they get the chance to experience this place," Seckinger emphasized. "Because once you experience this place, you understand immediately why it needs to be protected."

Black Butte Copper has bought nearly 700 claims on the public lands surrounding the one near Sheep Creek, potentially allowing the company to further expand its mining operations.


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A Michigan environmental group is addressing an appeal challenging the state's decision to approve the enclosure of the Enbridge Line 5 pipeline.

Built in 1953, this pipeline transports up to 540,000 barrels of petroleum daily through the Great Lakes.

Enbridge aims to build a protective tunnel around a four mile segment at the Straits of Mackinac, which connects Lake Michigan and Lake Huron.

Environmental groups and tribal leaders want the state to reverse Enbridge's permit, citing concerns about a potential catastrophic oil spill.

The nonprofit group Oil & Water Don't Mix is dedicated to preventing oil spills and promoting clean energy - and they support the appeal.

David Holtz, an international coordinator with the group, discussed the next steps.

"And the next big hurdle that the tunnel will have will be during the federal permitting process," said Holtz, "so we're going to be focusing on that in the coming days."

Enbridge spokesperson Ryan Duffy said in an email statement that Line 5's safety is exclusively regulated by the Pipeline and Hazardous Materials Safety Administration.

Enbridge maintains that it also conducts internal inspections via an MRI-like tool known as a "pig" that travels the line, recording data on the pipe's thickness and looking for cracks, dents or signs of corrosion.

Holtz said his organization will continue its efforts to make the public and the federal government aware of what needs to be done regarding Line 5.

"The need for the Biden administration," said Holtz, "to take a stand in support of its own climate policy by rejecting the tunnel."

Holtz added that the permitting process, known as the Environmental Impact Study, will be open for public comment - and is set for early next year.