Tom Udall - New Mexico's attorney general - Interview

New Mexico Business Journal, Oct, 1993 by Dennis Wall

A. I think a very significant package made it through the legislature, and we've seen proof of that. In the early part of this year, we've had a 19 percent reduction in fatalities on the highways. I think that's something all of us involved in the process should be proud of. I think the more that people look at our high DWI rate and our high fatality rate, the more they'll be willing to call for a ban on drive-up windows.

New Mexico has more than a DWI problem. We have an alcohol problem. First, you have to send the message to change, and have stronger penalties. Second, you have to look at treatment. Third, you always have to do preventative education.

Q. One of the state's most pressing environmental issues is the Waste Isolation Pilot Project (WIPP) near Carlsbad. Where are we with WIPP from a legal standpoint?

A. A number of promises were made to the state from the project's beginning. We were promised monies to improve rural roads over which much of the waste would be shipped; help with an emergency preparedness system; training in radiation-type accidents; and monies to replace the royalties when you take a chunk of land out of operation, basically forever. There was agreement that no high level waste would come to WIPP, and that there would be outside oversight.

All these promises almost went down the drain when DOE Secretary Watkins decided to roll the trucks in October of 1991. I think the important role we played was to stop him and make him follow the law.

If you look at the record of the DOE and its predecessor agencies, it's been a miserable record in terms of health and safety. That makes me very skeptical about any project they're advocating in New Mexico, and I want to make sure they follow the letter of the law.

Q. How would you describe your relationship with the business community in New Mexico regarding environmental protection?

A. New Mexico is a state that had very few criminal penalties on the books that dealt with environmental laws before I became attorney general. We've really pushed for having criminal penalties in place dealing with air quality, water quality, hazardous waste.

I think most people understand that in aggravated environmental abuse we're talking about criminal laws and those people ought to be prosecuted and probably ought to serve some jail time.

Through the Environmental Enforcement Division, we work very closely with the state on the problem of underground (gasoline) storage leaks. It isn't really a headline grabber, but this is a significant problem throughout the state. These are very complicated issues, how the leaks affect the environment.

Q. What is the present status of the proposed Jemez Power Line (OLE)?

A. The issue is one of whether or not a line needs to be built over the Jemez. It's been our position from the very beginning that there is a better alternative and that it's a cost-effective alternative that will, in the long run, be sound from an environmental and from a business point of view.

Contrary to their claims, I think Los Alamos is going to need less power in the future. There are several projects up there in the balance that have very significant power needs. If those projects are mothballed, then I don't see the kinds of power demands they're talking about.