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Judge weighs tossing first US county drilling ban

LAS VEGAS, N.M. (AP) — The first county in the United States to impose an outright ban on oil and gas development could see its controversial ordinance gutted, if not tossed all together, as a federal judge considers the measure’s constitutionality.

U.S. District Judge James Browning said during a motions hearing in Albuquerque this week that portions of Mora County’s ordinance are unconstitutional. The ordinance outlaws the extraction of oil and natural gas and puts the county’s decision-making rights ahead of business interests and federal and state permits.

“Some of these provisions are pretty wild,” Browning said during the hearing.

Browning has yet to decide whether to strike down the entire ordinance or invalidate certain parts, The Las Vegas Optic reported (http://bit.ly/10o1ic4 ).

Attorneys for an oil company seeking to toss the ordinance argued it’s so blatantly unconstitutional that there’s no need to go to trial. The attorneys for SWEPI, a subsidiary of Shell, said the measure effectively destroyed the value of the company’s $1 million drilling leases.

Mora County wants a trial so it can present evidence on why the commission adopted the ordinance, said Jeff Haas, a lawyer for the county. He argued throughout Monday’s four-hour hearing that the county’s aim has been to protect its land and water.

The sparsely populated county received attention in 2013 when it became the first in the nation to ban oil and gas drilling. The law seeks to restrict the rights of corporations.

Also under the ordinance, pre-emptive law — which centers on the doctrine that federal and state laws trump municipal laws when there is a conflict — would be dismissed.

SWEPI attorney John Anderson said the ordinance’s attempt to subordinate federal law is unconstitutional.

“That is to flip 220 years of Supreme Court case law on its head,” Anderson said, adding that federal law is the law of the land.

Haas said the county isn’t directly challenging the supremacy clause, but rather is arguing communities also have rights that predate the Constitution.

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Information from: Las Vegas Optic, http://www.lasvegasoptic.com

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Don’t Settle for Student Loans to Pay for Online Education

Online college programs are becoming a more popular choice for prospective students, with one study finding that more than 6 million students enrolled in at least one online course in fall 2015. The popularity of these courses can be attributed in part to their flexibility with working adults' schedules, students' ability to progress more quickly through online programs and, oftentimes, cheaper tuition. [See 10 low-cost online bachelor's programs for out-of-state students.]Online degrees can be beneficial to many college students, but some studies have shown online learners complete their programs at lower rates than students at traditional brick-and-mortar campuses. Individuals with student loans but no degree comprise two-thirds of defaulted borrowers. Though these numbers are not encouraging, just like for traditional programs, there are ways to reduce how much you'll need to borrow for an online program to ensure you won't become one of these statistics. 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