New Mexico Faces Historic Legal Challenge over Air Pollution: Will State Uphold Constitutional Rights or Sacrifice Citizens’ Health for Oil Production?

The state of New Mexico is facing a historic and unprecedented constitutional lawsuit over its handling of air pollution. Filed in May, the lawsuit accuses the state of failing to do enough to protect its citizens from harmful pollutants. Several groups, including Indigenous communities and environmentalists, have banded together to petition for intervention in the case.

At a hearing set for Friday, the plaintiffs will argue before the First Judicial District Court against motions filed by the Independent Petroleum Association of New Mexico and the New Mexico Chamber of Commerce. These motions argue that the lawsuit would have a detrimental impact on their business interests.

The lead counsel for the plaintiffs, Gail Evans, has clarified that this lawsuit is not directed at private oil and gas operators. Instead, it targets the state’s failure to uphold its constitutional rights regarding pollution control. This provision was passed by voters in 1971 and requires that New Mexico’s natural resources be protected for the benefit of its people.

Despite this, some argue that New Mexico’s current high levels of oil production are causing harm to public health and safety. There is also an ongoing effort by environmentalists to seek voter approval for a “green amendment” guaranteeing a clean and healthy environment in the state constitution.

The hearing for this case will begin on Friday, March 29 at 2pm MST and can be accessed through Google Meet.