On Monday, a judge in New Mexico allowed an important lawsuit to proceed. The lawsuit claims the state hasn’t fulfilled its duty under the constitution to protect against pollution from oil and gas operations.
The case was filed in 2023 by environmental organizations and Native Americans living near oil wells in New Mexico, the second largest oil producer in the U.S. They argue that the state isn’t meeting its obligations outlined in the “pollution control clause” of the state constitution.
Judge Matthew Wilson rejected a state motion to dismiss the lawsuit. He emphasized the need to carefully examine New Mexico’s responsibilities under the constitution, stating that dismissing the case prematurely would prevent this scrutiny.
Lawyers representing the plaintiffs welcomed the judge’s decision.
People walk along the shoreline in Navarre Beach (Via Damon Black/Shutterstock)
They believe it will give New Mexico residents affected by increased oil and gas development their chance to present their case in court.
Gail Evans, an attorney with the Center for Biological Diversity, highlighted that the lawsuit can now proceed based on established facts about pollution levels and the state’s alleged failure to control them. She expressed confidence that the court will uphold constitutional protections for New Mexico’s environment.
The administration of Governor Lujan Grisham has introduced new rules to reduce emissions from the oil and gas industry in recent years. Despite this, environmental groups argue that enforcement has not been effective, even though fines have been imposed on out-of-state energy companies and settlements reached to address air pollution concerns.
