Santa Fe, New Mexico — A New Mexico judge cleared the way Monday for a landmark lawsuit alleging the state failed to fulfill its constitutional duty to protect against oil and gas pollution.
Environmental groups and Native Americans living near oil wells, the second-largest producer in the United States, first filed a lawsuit in 2023. They are demanding compliance with the New Mexico Constitution’s “pollution control clause.”
Judge Matthew Wilson denied the state’s motion to dismiss the case, saying more investigation was needed into New Mexico’s responsibilities under the Constitution and that granting the state’s request would halt that investigation.
Plaintiffs’ attorneys celebrated the judge’s ruling, saying it will allow New Mexicans who have lived with the consequences of oil and gas development on the other side of the state to have their day in court.
“This case can proceed on the hard facts about the extent of the contamination and the extent to which the state failed to control it,” said Gail Evans, an attorney for the Center for Biological Diversity.
She said it removed an important hurdle in the judicial process for plaintiffs to present evidence of constitutional violations.
“I am confident that the court will firmly enforce constitutional protections for our state’s beautiful and healthy environment on behalf of the plaintiffs and all residents of New Mexico,” Evans said.
Lawyers for Democratic Gov. Michelle Lujan Grisham and the Democratic-controlled Legislature did not immediately respond to a request for comment on the judge’s decision. The state can appeal the judge’s order.
Lujan Grisham’s administration recently adopted regulatory changes to limit emissions from the oil and gas industry. But environmental groups have raised concerns that enforcement has not kept pace even as fines have been levied against out-of-state energy companies and major agreements have been signed to address air pollution problems.
The administration and lawmakers are also facing pushback over efforts to develop rules regulating the treatment and reuse of oil industry hydraulic fracturing water.
According to the lawsuit, oil production in New Mexico’s portion of the Permian Basin, one of the world’s largest oil fields, has increased nearly tenfold since 2010, leading to a surge in pollution. Lead plaintiff Mario Atencio, a Navajo from northwestern New Mexico, said his family’s land is at risk of runoff from wells and processing sites within the San Juan Basin.
