Fight over constitutional provisions to guard against oil, gas pollution moves ahead in New Mexico
A New Mexico judge has cleared the way for a landmark lawsuit to proceed over allegations that the state has failed to meet its constitutional obligations for protecting against oil and gas pollution
SANTA FE, N.M. (AP) — A New Mexico judge cleared the way Monday for a landmark lawsuit to proceed that alleges the state has failed to meet its constitutional obligations for protecting against oil and gas pollution.
Environmental groups and Native Americans who live near oil wells in the No. 2 producing state in the U.S. initially filed the case in 2023. They are seeking compliance with a “pollution control clause” in the New Mexico Constitution.
Judge Matthew Wilson denied a motion by the state to dismiss the case, saying there needs to be more scrutiny of New Mexico's responsibilities under the constitution and that granting the state's request would short-circuit that examination.
Attorneys for the plaintiffs celebrated the judge's ruling, saying it will allow residents of New Mexico who have been living with the consequences of more oil and gas development in opposite corners of the state to have their day in court.
