Damning Email Shows Governor’s Office Conspired with Agency Directors to Control WQCC Vote and Hearing Location on Fracking Waste Discharge Petition
Organization Press Release – From New Energy Economy
“The emails show the Governor and her agencies are compromised; we need a government that protects New Mexicans, not industry profits — New Mexicans deserve a formal investigation into this “‘WATR’gate.”
Santa Fe, NM — Newly disclosed emails reveal what advocates have long suspected: the Governor’s Office is actively directing the supposedly “independent” Commissioners who were appointed to the Water Quality Control Commission (WQCC) on how to handle the unscientific produced water reuse and discharge petition proposed by the “Water Access Treatment & Reuse Alliance” (WATR), a front group composed of oil and gas and waste treatment companies.
Last year, after an exhaustive 18-month process, the WQCC ruled that there is “insufficient scientific support for the proposition that any discharges of treated or untreated produced water would be protective of ground or surface water.”
The Commission relied on testimony from five NMED scientists, independent experts, and extensive public comment. Yet, despite this definitive ruling, the industry-backed WATR Alliance is now attempting to relitigate the issue—without providing a shred of new science that proves that produced water can be safely reused or discharged.
New Energy Economy and other advocates suspected corrupt political maneuverings when five new faces sat on the Commission (James Kenney, Jeff Witte, Elizabeth Anderson, Gina DeBlassie, Michael Sloane, on July 8, 2025 to approve hearing the WATR Alliance Petition. We filed multiple motions to require science and evidence before reconsidering the rule, but all were rejected. (One is still pending.)
A July 7, 2025 (the day before the July 8th hearing) email chain between senior administration officials confirms that the Governor’s team instructed agency heads to replace their designees on the Commission and support the WATR Alliance petition.
The Deputy Chief Operating Officer Caroline Buerkle instructed the new commissioners: “As per our huddle discussion, we need everyone’s commitment to get this over the finished line.”
Secretary of Environment James Kenney emphasized the Governor’s mandate: instructing the new commissioners who could vote, the legislators they should listen to, and even predetermined the hearing location in the heart of oil and gas country.
The emails also reference a “huddle” of top officials — a closed-door strategy session where, according to the Governor’s own staff, assignments were given to agency heads and commissioners before the public hearing even began.
This “huddle” wasn’t a routine briefing; it functioned like a secret strategy session, where the Governor’s team handed out roles, votes, and talking points while keeping the public and opponents in the dark. In sports, a huddle is where the players plan their next move in secrecy so that the other team can’t anticipate it.
In government, such behavior undermines transparency, due process, and public trust, especially when it predetermines the outcome of a supposedly neutral regulatory process.
Secretary of Environment James Kenney then repeated the marching orders: “The administration is supportive of the produced water reuse petition…. per the Governor’s Order, the statutorily named person to the WQCC will need to participate vs your designee.”
“This is proof positive,” said Mariel Nanasi, Executive Director, New Energy Economy “The Governor’s Office is not merely expressing support — it’s orchestrating the outcome.
Regulatory proceedings are supposed to be fair and impartial, transparent, with decisions made on the scientific merits and according to agency rules, not backroom deals where the executive branch conspires with agency heads to rig agency decision-making for campaign contributors.”
Advocates point out that the email chain reads like a secret game plan. High-level administration officials — including heads of Environment, Agriculture, Health, Game and Fish, Energy, and the Governor’s policy staff — were told in a “huddle” meeting to line up and vote for the oil-and-gas-backed WATR petition.
The public, and even some state legislators, were left in the dark while the Governor’s team planned the outcome.
“Imagine a referee colluding with one team before the game starts,” said Nanasi. “That’s what we’re seeing here. The people of New Mexico deserve a fair hearing on whether toxic oil and gas waste should be reused on our lands and in our waters — not a rigged process designed to rubber-stamp industry demands.”
The produced water petition is highly controversial because it would open the door to discharge of toxic and radioactive oilfield waste into New Mexico’s environment.
Scientists and public health experts warn that produced water contains hundreds of unregulated and undisclosed chemicals. Until now, the WQCC process was billed as a neutral forum to evaluate the science and take public input.
“These emails show the Governor’s Office dictating votes, eliminating designees, and picking a location designed to favor industry,” said Nanasi. “That’s not democracy; that’s political manipulation. If you thought the fix was in you were right, and we have the evidence to prove it.”
New Energy Economy is calling:
- For the WQCC Dismiss the Produced Water Reuse & Discharge Petition until scientific evidence is produced that demonstrates reuse and discharge of produced water can be done safely, before a truly independent Commission.
- An independent legislative investigation into this political corruption and the Commissioner’s decision to reconsider a recently adopted WQCC rule without demonstrable credible scientific basis, and the political and financial influence by oil and gas and its lobbyists, Jennifer Bradfute and Matthias Sayer, free of executive branch pressure.
- Provide full public transparency about all communications between the Governor’s Office and WQCC members and Jennifer Bradfute and Matthias Sayer related to this case.
“New Mexicans deserve clean water, honest government, and a regulatory process they can trust,” said Nanasi. “The emails show the Governor and her agencies are compromised; we need a government that protects New Mexicans, not industry profits — New Mexicans deserve a formal investigation into this “‘WATR’gate.”
Oil and gas has a serious waste disposal problem, which is why it has been knocking on the Governor’s door to call in political favors;[1] the oil and gas industry is running out of cheap disposal methods, because their current method via salt water injection wells is causing earthquakes and blowouts across the Permian.[2] Recent reports indicate that injection wells are now impacting production volumes as well.[3]
Public health and water quality must not be sacrificed to protect the profits of a private industry.
[1] The oil and gas industry is desperately seeking a solution to the oceans of toxic waste it is producing; According to the WATR Alliance Petition at 2, the oil and gas industry generated 2,527,086,698 barrels (325,725 acre-feet) of produced water in New Mexico in 2024.
[2] See, “Investigation of Oil Well Blowouts Triggered by Wastewater Injection in the Permian Basin, USA,” 22 July 2024, https://agupubs.onlinelibrary.wiley.com/doi/full/10.1029/2024GL109435; “As New Mexico shakes, state cancels dozens of planned wastewater injection sites,” 12 September 2024,
According to Laura Capper, oil and gas industry consultant, “New Mexico needs to find new uses [for produced water] quickly or risk oil production itself.”
Hedden, Adrian. “Shaky Ground: The link between the Permian Basin’s fossil fuel industry and earthquakes.” KRWG, 14 July 2023,
[3] https://www.bloomberg.com/news/articles/2025-08-11/us-top-oilfields-threatened-by-fracked-water-texas-agency-warns