New Mexico court says oil and gas oversight falls to lawmakers, not judges
A New Mexico appeals court dismissed a case challenging the state’s oversight of oil and gas pollution, saying it’s up to lawmakers — not judges — to balance environmental protection with resource extraction.
Morgan Lee reports for The Associated Press.
In short:
- A 2023 lawsuit brought by environmental groups accused New Mexico officials of violating the state constitution’s pollution-control clause by failing to prevent oil and gas pollution.
- The appeals court ruled that the issue is a matter for the state legislature, not the courts, emphasizing that oil and gas development is deeply rooted in state history and must be balanced with environmental laws.
- Plaintiffs from the Center for Biological Diversity plan to appeal to the New Mexico Supreme Court, arguing the decision renders the constitutional clause meaningless.
Key quote:
“Fifty years ago, New Mexico voted to amend the constitution and to provide protections from industry pollution and the court has found today that the amendment — the pollution control clause — is essentially meaningless, and that has to be wrong.”
— Gail Evans, attorney at the Center for Biological Diversity and lead counsel on the case
Why this matters:
New Mexico sits atop part of the Permian Basin, a region that has turned the U.S. into one of the world’s top oil producers. While this boom fuels the state’s budget, including schools and public health, residents and advocates worry about the growing toll on air and water quality. The 1971 constitutional clause requiring pollution prevention was seen as a safeguard against unchecked development. But with courts now deferring to lawmakers, enforcement of environmental protections may depend more on political will than legal mandate. Critics argue that without judicial oversight, communities could be left exposed to toxic emissions and industrial waste. Oil and gas operations are known to release methane and other harmful pollutants, and studies link proximity to extraction sites with increased risks of respiratory issues, birth defects, and water contamination.
Read more: New Mexico’s natural gas boom fuels schools while threatening student health
