Challenge to New Mexico’s Pollution Control: A Historic Constitutional Lawsuit set for Hearing

A historic and groundbreaking constitutional lawsuit against the state of New Mexico for failing to control increasing air pollution is set to be heard on Friday. Several groups, including Indigenous communities and environmentalists, are petitioning the court to intervene in the case. The lawsuit, filed in May, alleges that the state is violating the pollution control clause of the New Mexico Constitution, which requires the state to protect natural resources for its people.

The plaintiffs will argue their case before the First Judicial District Court against motions from the Independent Petroleum Association of New Mexico and the New Mexico Chamber of Commerce. These groups claim that the lawsuit would negatively impact their business interests, but lead counsel Gail Evans argues that only the state can violate constitutional rights. Additionally, New Mexico has also filed a motion to dismiss the lawsuit at a time when it’s experiencing historic levels of oil production, second only to Texas.

While there is a separate push by environmentalists to ask voters to amend the state constitution to include a “green amendment” giving citizens the right to a clean and healthy environment, this lawsuit specifically focuses on air pollution control. The hearing is set for March 29 at 2pm MST and will be available for viewing via Google Meet.