State legislators will once again push to change New Mexico’s constitution to add enforceable, clean environmental provisions to the Bill of Rights.
If the resolution is approved by legislators, New Mexicans will have their chance to vote on it in the next election cycle.
The language would build upon a pollution clause in the state’s constitution, which acknowledges the “importance” of a healthy environment but doesn’t necessarily guarantee it. Currently, the clause is the center of a landmark air pollution lawsuit challenging the state’s expansion of oil and gas production.
“Many people don't realize that clean water, clean air, a safe climate, healthy environments, are not already rights that they are entitled to and that they can enforce when they're infringed upon,” said Maya Van Rossum, founder of the Green Amendments for the Generations Movement.
There are no provisions that protect the environment to this degree under the state constitution.
The constitutional amendment would only give legal environmental responsibilities to the government, not private companies like oil and gas or mining operators. Affected communities would be specifically barred from monetary payouts.
“This is really about protection and prevention,” co-sponsor State Sen. Harold Pope Jr. (D-Bernallio) said. “This is not going to shut down industry.”
This latest version is uniquely tailored to New Mexico, as well.
The language, as it stands, would be the first to explicitly name flora and fauna protections and enshrine environmental justice and cultural values.
Though, analysts have been reticent about the proposal in the past.
A 2023 Legislative Fiscal Impact Report on a previous version of the resolution pointed to possible legal “uncertainties” that may impact the financial feasibility of future renewable energy projects – potentially blocking New Mexico from meeting its energy transition goals.
“That's just a total red herring, mischaracterization that's being peddled by industry, particularly the fossil fuel industry,” Van Rossum told KUNM.
At present, only three states across the country have a “Green Amendment” – Montana, Pennsylvania, and New York.
While there is little analysis about the modern impacts the amendment could have, the Montana and Pennsylvania laws have been on the books for decades and give some insight into the legal process. A report by the Rockefeller Institute of Government and the Center for Law & Policy Solutions concluded the amendments had “limited” success in improving environmental conditions and “concerns about costs and litigation have also generally not materialized.” New York passed their amendment in 2021.
Another co-sponsor of the measure, State Sen. Antoinette Sedillo Lopez (D-Albuquerque), said that Republican support is virtually absent – alluding to a likely partisan push during the 2025 session.
“The Green Amendment is a way to protect our beautiful state from what, I believe, is going to be the excesses of the Trump administration,” she said.
This will be the fifth time the Green Amendment will see some sort of debate in the Roundhouse since 2020. The session will open on Jan.21 at noon.
If legislators decide to give the green light to the constitutional amendment, voters will still need to approve it by a majority in the 2026 elections.
