In Santa Fe, New Mexico, the state’s Court of Appeals has ruled against a lawsuit aimed at holding the state accountable for constitutional measures to prevent pollution from the oil and gas industry. This decision was published in a recent opinion, sparking a response from environmental advocates who plan to elevate the dispute to New Mexico’s Supreme Court.
The appeals court, comprising three judges, determined that the judiciary lacks the jurisdiction to deem the sufficiency of pollution controls. The ruling emphasized that the state Constitution assigns the responsibility to the Legislature to find a balance between environmental regulations and the development of natural resources.
This lawsuit, initiated in 2023 by a collective of environmental organizations, uniquely cited the constitution’s pollution-control stipulation. Enacted as an amendment in 1971, this clause mandates New Mexico to safeguard its air, water, and other natural resources from contamination.
The judges acknowledged the state’s identity as a place of beauty, alluding to its moniker, “Land of Enchantment,” yet noted a long-standing acceptance of oil and gas extraction within its borders. They underscored that New Mexico’s legal and historical contexts demand a coexistence between extraction activities and pollution control efforts.
Lead attorney Gail Evans from the Center for Biological Diversity expressed her concerns over the court’s interpretation. She noted that should the ruling stand, it would dismiss the case entirely, reflecting a fundamental misinterpretation of constitutional rights. Evans indicated the intention to seek a review from the state’s Supreme Court.
“The people of New Mexico amended the constitution fifty years ago to shield against industrial pollution, and today’s ruling essentially renders the pollution-control clause insignificant, which cannot be right,” Evans remarked.
This legal battle unfolds amidst a backdrop of unprecedented financial returns for New Mexico’s state government, largely driven by activities in the Permian Basin, a highly productive oil field.
Oil revenue contributes significantly to New Mexico’s budget, funding various sectors including public education. Governor Michelle Lujan Grisham’s administration has imposed regulations on the industry, focusing on reducing emissions like methane. However, the Center for Biological Diversity and similar groups argue these regulations are insufficient, claiming the state fails to enforce existing pollution control standards.
Lawyers representing the state’s Democratic majority in the Legislature, alongside environmental regulators, caution that the lawsuit may infringe on their constitutional powers.
Separately, Appeals Judge Katherine Wray added a concurring opinion, pointing out further constraints regarding the pollution control clause.