New Mexico Faces Historic Constitutional Lawsuit over Pollution Control Failures amidst Rising Oil Production

The state of New Mexico is facing a historic constitutional lawsuit for failing to control increasing air pollution. Several groups have petitioned the court to intervene in the case, which was filed in May by Indigenous communities and environmentalists. The lawsuit alleges that the state is violating the pollution control clause of the New Mexico Constitution, which requires the state to prevent the despoilment of natural resources for the benefit of its people.

On Friday, March 29 at 2pm MST, a major hearing will take place in First Judicial District Court. Plaintiffs will argue against motions from Independent Petroleum Association of New Mexico and New Mexico Chamber of Commerce, who claim that the lawsuit would directly affect their business interests. However, Gail Evans, lead counsel for plaintiffs argues that only the state can violate constitutional rights. In addition to this lawsuit, environmentalists are pushing for a separate push to ask voters to modify the state constitution to include a “green amendment” giving citizens the right to a clean and healthy environment.

The hearing will be available for viewing via Google Meet as New Mexico experiences historic levels of oil production, second only to Texas.