Last month, the New Mexico Court of Appeals rejected a challenge by the Independent Petroleum Association of New Mexico to a rule that regulates ozone emissions. Environmental advocates say they are encouraged though industry leaders maintain this will hurt business.
The rule has been in place for two years and is part of an effort to protect the environment and the health of New Mexicans by reducing emissions that can produce ozone and cause breathing and heart problems.
Another provision under the same rule requires increased leak detection and repair for oil and gas wells that are within 1,000 feet of homes, schools and businesses.
Western Environmental Law Center Senior Attorney Tannis Fox was part of a coalition of environmental groups which joined the state Environmental Improvement Board in the lawsuit. She celebrated the court upholding the rule, and said the mechanisms to reduce pollutants also have a side benefit.
“The kind of equipment that you put on oil and gas operations to reduce emissions has the effect of reducing all these emissions,” she said.
That includes ones that contribute to climate change.
“It's a good victory for New Mexico and for New Mexicans and for their health,” she said.
The Independent Petroleum Association had argued that the rule affected independent operators the most. And in a response to the rule made by the court, the group's executive director Jim Winchester said this rule would harm family-owned New Mexico based operators. Fox said so far this hasn't happened.
“The independents have been operating for the last two years without going under,” said Fox.
She added the Western Environmental Law Center is currently working on a rule to present to the state Oil Conservation Commission to reform oil and gas operations by requiring operators to provide financial assurance if they leave a well abandoned and to plug wells that are not producing.
Support from the coverage comes from the Thornburg Foundation.
