Tuesday marked the start of a fresh legislative session in Santa Fe and some lawmakers are proposing to add enforceable environmental protection provisions to the New Mexico state constitution’s Bill of Rights.
First introduced in New Mexico in 2021, the so-called “Green Amendment” is part of a nationwide push by environmentalists to secure individual rights to a safe climate by mandating the protection of the air, water, soil, and environment for all people.
Currently, there are only three states across the U.S. that have such an amendment: Pennsylvania, Montana, and New York.
“But, the state of New Mexico has the potential to become the fourth state in the nation to protect environmental rights at this highest constitutional level as a fundamental right on par with other freedoms, like the right to free speech and freedom of religion,” said Maya Van Rossum, founder of the Green Amendments for the Generations Movement.
Van Rossum spoke to KUNM during last year’s legislative session when lawmakers made their fifth attempt at passing the amendment, which ultimately died in committee.
This year will be their sixth attempt.
Under the existing language of New Mexico’s state constitution, there are no enforceable provisions to ensure local governments are doing their due diligence to protect the environment.
Additionally, the amendment would build upon the “pollution clause” found in Article 20, Section 21 of the state constitution that says the legislature “shall” control for environmental pollution, but doesn’t necessarily “guarantee” it as a fundamental right, according to past court rulings.
“When government decision-making fails to fully, fairly, and equitably protect people, the Green Amendment gives communities the constitutional power to set things right, for our kids and future generations,” said bill sponsor Rep. Patricia Roybal Caballero (D-Albuquerque) in a press release. “We will not give up until it is passed.”
The New Mexico Supreme Court recently revived a lawsuit accusing politicians and state agencies of failing to protect the public’s health and the environment from oil and gas industry emissions as outlined by the pollution clause.
The proposed Green Amendment would go one step further by placing additional environmental responsibilities onto the state, counties and municipalities – not private companies – as well, and specifically bar monetary compensatory damages.
While states across the country have seen similar proposals, New Mexico’s legislative analysts have been very critical of what adoption would mean for the state overall.
Specifically, a 2023 fiscal impact report asserted that the amendment could bring possible legal “uncertainties” for future renewable energy projects and would challenge the “validity” of environmental statutes previously passed by lawmakers.
Van Rossum told KUNM that is a “false talking point” peddled by oil and gas industry lobbyists who worry about costly legal litigation for environmental cleanups or permitting hurdles.
Notably, the proposal would slightly vary from the other existing Green Amendments found elsewhere by being the first to exclusively name flora and fauna protections and elevate environmental justice.
This year’s legislative session will only last 30 days and primarily center on budgetary issues and bills on Gov. Michelle Lujan Grisham’s priority call – making passage highly unlikely, but not impossible.
To become law, the Green Amendment will need the majority vote from both the House, Senate, and, finally, approval from a majority of New Mexico’s voters during the next general election.
Below is the text of the proposed amendment.
SECTION 1. It is proposed to amend Article 2 of the constitution of New Mexico by adding a new:
A. The people of the state shall have a right to clean and healthy air, water, soil and environments; healthy flora, fauna and habitats; a stable climate and thriving ecosystems; and the preservation of the natural, cultural and healthful qualities of the environment. The state, counties and municipalities shall protect these rights equitably for all people, including future generations, and regardless of race, ethnicity, tribal affiliation, gender, socioeconomics or geography. Securing a more stable climate, including for future generations, is a compelling state interest and shall be a high priority.
B. The state, counties and municipalities shall serve as trustees of the natural resources of New Mexico and shall conserve, protect and maintain these resources for the benefit of all the people, including present and future generations, who are the beneficiaries.
C. The provisions of this section are self-executing. Monetary damages shall not be awarded for a violation of this section. This section is enforceable against the state, counties and municipalities."
