Lawsuit: Oil and gas pollution violates New Mexico’s constitution

A coalition of Indigenous and environmental groups filed a lawsuit this week against the state of New Mexico, alleging the state has failed to protect the earth, air and water against pollution, as spelled out in the New Mexico constitution.

The lawsuit, filed Wednesday in state district court, is the first time the 1971 amendment to the constitution that stipulated such protection has been used for a legal claim, according to the Center for Biological Diversity, one of the groups in the suit.

“Indigenous people and frontline community members in New Mexico have been seeking assistance to control oil and gas pollution because they live in areas where there’s fracking all around their homes, livestock and on ancestral lands,” said Gail Evans, an attorney with the center. “They’ve been looking for legal tools on how to hold the state accountable for this pollution.”

New Mexico is the nation’s second largest producer of revenues from oil drilling and its southeastern corner is home with West Texas to the Permian Basin, one of the largest oil fields in the world.

In recent years, the state’s amount of oil production has increased ten times since 2010 to present day. Additionally, oil-related revenue has surpassed the estimated five-year averages to fund a large amount of the state’s budget, including education and social programs.

The coalition includes Navajo community members along with additional organizations such as Pueblo Action Alliance, Youth United for Climate Crisis Action, and WildEarth Guardians. The suit demands that New Mexico suspend issuing permits for new oil and gas wells until there are statutory, regulatory and enforcement plans in place to prevent further harm to the environment and community health.

The 1971 amendment to the state’s constitution, Article 20 Section 21 requires the state prevent “despoilment of the air, water and other natural resources of this state, consistent with the use and development of these resources for the maximum benefit of the people.” Currently, New Mexico is responsible for over 50 percent more greenhouse gas emissions than the national average.

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