New Mexico groups take oil pollution case to state Supreme Court
A coalition of environmental, youth, and Indigenous groups is asking the New Mexico Supreme Court to revive a lawsuit claiming the state has failed its constitutional duty to protect residents from oil and gas pollution.
Kevin Hendricks reports for Santa Fe Reporter.
In short:
- Plaintiffs argue the state has ignored Article 20, Section 21 of its constitution, which requires the protection of air, water, and natural resources, particularly amid the oil boom in the San Juan and Permian Basins.
- The New Mexico Court of Appeals dismissed the case last month, prompting plaintiffs to appeal directly to the state’s highest court, citing environmental harm and unequal protection.
- Oil and gas production in the state has grown tenfold since 2010, using billions of gallons of fresh water for fracking and contributing significantly to climate pollution.
Key quote:
“Oil and gas pollution continues to harm our communities, poison our water and air, and threaten our sacred places. The state has a constitutional obligation to control pollution and we’re calling on our highest court to uphold that duty.”
— Julia Bernal, executive director of Pueblo Action Alliance
Why this matters:
New Mexico is one of the country’s biggest oil producers, yet large parts of its fossil fuel industry remain shielded from full environmental oversight due to outdated exemptions. Fracking operations draw heavily on scarce freshwater reserves, accelerating stress in a state already battling severe drought and aridification from climate change. Airborne pollutants and toxic wastewater from fossil fuel extraction endanger frontline communities, many of them Indigenous, who face higher exposure to environmental hazards and fewer legal protections. With the state’s constitution promising clean air and water, the outcome of this case could test how far those rights extend.
Read more: New Mexico lawmakers struggle to regulate oil and gas amid federal rollbacks
