Challenging Pollution: Constitutional Lawsuit Filed Against New Mexico

In May, a historic and first-of-its-kind constitutional lawsuit was filed against the state of New Mexico, accusing it of failing to do enough to address air pollution. Several groups are petitioning the court to intervene in the case. The plaintiffs will argue before the First Judicial District Court on Friday against motions from the Independent Petroleum Association of New Mexico and the New Mexico Chamber of Commerce.

The lawsuit involves various groups such as Indigenous communities and environmentalists who claim that the legislature, governor, and state agencies are violating the pollution control clause of the New Mexico Constitution. Passed by voters in 1971, this clause requires the state to prevent the “despoilment” of New Mexico’s natural resources for its people.

The Independent Petroleum Association of New Mexico and the New Mexico Chamber of Commerce have filed motions stating that the lawsuit would impact their business interests. However, Gail Evans, lead council for the plaintiffs, clarified that the lawsuit is not directed at private oil and gas operators. Evans argues that only the state can violate constitutional rights, not private actors.

Despite claims by some that New Mexico is experiencing historic levels of oil production and therefore should not be held responsible for air pollution, there is a separate effort by environmentalists to seek voter approval to modify the state constitution for citizens to have a “green amendment” guaranteeing a clean and healthy environment. The hearing for this lawsuit is set to begin on Friday at 2pm MST and will be accessible via Google Meet.