New Mexico’s Fight Against Pollution: First Hearing of Historic Constitutional Lawsuit

New Mexico’s historic and groundbreaking constitutional lawsuit, filed in May 2021, is set to have its first major hearing on Friday. Several groups, including Indigenous communities and environmentalists, are petitioning the court to intervene in the case. The plaintiffs will argue before the First Judicial District Court against motions from the Independent Petroleum Association of New Mexico and the New Mexico Chamber of Commerce.

The lawsuit involves various groups who claim that the legislature, governor, and state agencies are violating the pollution control clause of the New Mexico Constitution. This clause was passed by voters in 1971 and requires the state to prevent “the despoilment” of New Mexico’s natural resources for its people’s benefit.

The Independent Petroleum Association of New Mexico and the New Mexico Chamber of Commerce have filed motions stating that this lawsuit would impact their business interests. However, Gail Evans, lead counsel for the plaintiffs, clarified that this lawsuit is not directed at private oil and gas operators. Evans argues that only states can violate constitutional rights, not private actors.

In addition to this lawsuit, there is a separate effort by environmentalists to seek voter approval for a “green amendment” guaranteeing a clean and healthy environment in New Mexico. Despite opposition from some state officials citing historic levels of oil production as a reason to dismiss it entirely, this effort continues to gain momentum as more citizens demand greater protections for their natural resources.

The hearing for this lawsuit will begin on Friday at 2pm MST via Google Meet. It promises to be an exciting moment for those who want greater accountability from their government when it comes to protecting our planet’s health and well-being.