The state of New Mexico is facing a historic and groundbreaking constitutional lawsuit for failing to control increasing air pollution. Several groups, including Indigenous communities and environmentalists, have petitioned 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 prevent the despoilment of natural resources for the benefit of its people.
The hearing for this lawsuit is set to take place on Friday, March 29 at 2pm MST. Plaintiffs will be arguing against motions from the Independent Petroleum Association of New Mexico and the New Mexico Chamber of Commerce, who claim that the lawsuit would directly affect their business interests. However, lead council Gail Evans argues that only the state can violate constitutional rights. Additionally, the state has filed a motion to dismiss the lawsuit at a time when New Mexico is experiencing historic levels of oil production, second only to Texas.
While there are efforts by environmentalists to ask voters to modify the state constitution to include a “green amendment” giving citizens the right to a clean and healthy environment, this specific lawsuit focuses on the state’s failure to control air pollution. This hearing will be available for viewing via Google Meet.