State Faces Legal Battle to Protect Constitutional Rights Amidst Oil Production Surge

A constitutional lawsuit against the state of New Mexico for failing to control increasing air pollution is set for a major hearing on Friday. Several groups, including Indigenous communities and environmentalists, are petitioning the court to allow them to intervene in the case. The lawsuit, filed in May, alleges that the state is violating the pollution control clause of the New Mexico Constitution, which requires the state to prevent the despoilment of natural resources for the benefit of its people.

The plaintiffs will be arguing in front of the First Judicial District Court against motions from the Independent Petroleum Association of New Mexico and the New Mexico Chamber of Commerce. These groups claim that the lawsuit would directly affect their business interests, but lead council Gail Evans argues that only the state can violate constitutional rights. The state has also filed a motion to dismiss the lawsuit, coming at a time when New Mexico is experiencing historic levels of oil production, second only to Texas.

While there is a separate push by environmentalists to ask voters to modify the state constitution to include a “green amendment” giving citizens the right to a clean and healthy environment, this lawsuit focuses on the state’s failure to control air pollution. The hearing is set to begin on Friday, March 29 at 2pm MST and will be available for viewing via Google Meet.