A historic and first-of-its-kind constitutional lawsuit accusing the state of New Mexico of failing to curb increasing air pollution is facing its first major hearing Friday as several groups petition the court to allow them to intervene in the case.
Plaintiffs will argue before the First Judicial District Court against motions from the Independent Petroleum Association of New Mexico and the New Mexico Chamber of Commerce.
Filed back in May, the lawsuit involves several groups – including Indigenous communities and environmentalists – who say that the legislature, governor, and state agencies are actively violating the pollution control clause of the New Mexico Constitution.
Passed by voters in 1971, the constitutional amendment requires that the state prevent the “despoilment” of New Mexico’s air, water and other natural resources for the benefit of its people.
Now, the Independent Petroleum Association of New Mexico and the New Mexico Chamber of Commerce have filed motions contending that the lawsuit would directly affect their business interests.
“We have not sued private oil and gas operators directly for the harm they cause,” Gail Evans, the lead council for the plaintiffs said. “That's not what this case is about.”
Evans, argues that legally, these groups do not deserve a seat at the table.
“Private actors cannot violate constitutional rights, only the state can violate constitutional rights,” Evans said.
Both the Independent Petroleum Association of New Mexico and the New Mexico Chamber of Commerce were unavailable for comment.
The state has filed a motion to dismiss the lawsuit.
This suit comes as New Mexico is seeing historic levels of oil production – second only to Texas.
According to the oldest available data from the U.S. Energy Information Administration, New Mexico produced just over 71 million barrels in 1981.
Fast forward to this past year, the state has skyrocketed production to over 667 million barrels.
However, this effort shouldn’t be confused with another, separate push by environmentalists to ask voters to modify the state constitution so that citizens have a “natural, inherent and inalienable right” to a clean and healthy environment – better known as the “green amendment.”
The hearing will begin Friday, March 29 at 2pm MST and can be watched via Google Meet.
