Environmental groups and Native Americans in New Mexico have scored a victory in their lawsuit against the state for failing to protect against oil and gas pollution. The case, filed in 2023, alleges that the state has not met its constitutional obligations to control pollution from the oil and gas industry. Judge Matthew Wilson denied the state’s motion to dismiss the case, allowing it to proceed and requiring scrutiny of New Mexico’s responsibilities under the constitution.
Attorneys for the plaintiffs welcomed the judge’s decision, stating that it will allow residents affected by oil and gas development in the state to have their day in court. They believe that the evidence of pollution and the state’s failure to control it will be highlighted during the legal proceedings. The plaintiffs are confident that the court will enforce constitutional protection of the environment on behalf of all residents of New Mexico.
While Governor Michelle Lujan Grisham’s administration has implemented rule changes to limit emissions from the oil and gas industry, concerns remain about enforcement. Environmental groups have criticized the administration for not adequately enforcing these regulations, despite fines imposed on energy companies and settlements reached to address air pollution. The governor’s office stated that they will continue to defend against the claims made in the lawsuit and are reviewing the judge’s decision.
Two major business associations, the New Mexico Chamber of Commerce and the Independent Petroleum Producers Association of New Mexico, have intervened in the court proceedings in an attempt to have the lawsuit dismissed. They have raised objections to the lawsuit and are facing opposition over proposed rules to regulate the treatment and reuse of oil industry fracking water. Environmental advocates have raised concerns about undisclosed financial ties between a member of the state’s Water Quality Control Commission and an oil and gas production company, urging the official’s disqualification from rulemaking proceedings.
The lawsuit highlights the significant increase in oil production in New Mexico’s portion of the Permian Basin, one of the world’s largest oilfields, which has resulted in a surge in pollution. Lead plaintiff Mario Atencio, who is Navajo, expressed concerns about risks to his family’s lands from spills at well and processing sites within the San Juan Basin. The case underscores the importance of holding the state accountable for protecting the environment and addressing the impacts of oil and gas development on local communities and ecosystems.
