The New Mexico Court of Appeals dismissed a lawsuit this week that alleged the state had violated its constitutional duties to protect residents from pollution related to the oil and gas industries.
The plaintiffs included residents of the San Juan and Permian basins and were represented by the Center for Biological Diversity. The lead plaintiff in the case is Mario Atencio, a Navajo man whose family in the San Juan Basin has experienced pollution from oil and gas first-hand, including a produced water spill and emissions. Atencio has been a vocal critic of the oil and gas industry and has advocated for increased regulations.
“New Mexicans amended our constitution 50 years ago to protect our residents from pollution. With this terrible ruling, the court has eviscerated our constitutionally protected rights,” Gail Evans, an attorney at the Center for Biological Diversity, said in a statement. “This will lead to more air pollution, more contaminated land and water, and more sickness in our communities. We’ll continue our fight against the filthy oil and gas industry on behalf of all New Mexicans and will be appealing this decision to the state Supreme Court.”
In the 53-page ruling, the court wrote that the relief the plaintiffs sought in their complaint “exceeds the boundary of that which the judiciary is authorized to grant.”
Furthermore, the ruling states that the plaintiffs “have not stated a claim upon which relief can be granted.”
The lawsuit alleges the state violated the pollution control clause of the New Mexico Constitution, but the Court wrote that “by its plain text, the PCC contains no enforceable right, guaranteed to any individual or group, to be free from a given amount of pollution. Nor can it be inferred to create an enforceable right to a beautiful and healthful environment.”
Instead, the Court ruling states that the duty to control pollution “is neither absolute nor does it exist in isolation” and the state must balance pollution control with the use and development of natural resources.
“We commend the New Mexico Court of Appeals for its thoughtful and decisive ruling to dismiss the lawsuit in Atencio v. State of New Mexico,” Missi Currier, president and CEO of the New Mexico Oil and Gas Association, said in a statement Tuesday evening. “This decision affirms the importance of maintaining a clear, constitutional separation between policymaking and judicial interpretation. Our state’s oil and gas industry remains committed to responsible development, environmental stewardship, and economic opportunity for all New Mexicans. We believe that meaningful progress on climate and energy must come from collaboration, innovation, and respect for the rule of law. Today’s ruling reinforces that principle.”
Meanwhile, for several years, advocates have pushed legislation that would amend the New Mexico Constitution to include the right to a healthy environment in the Bill of Rights section.
