Indigenous Communities and Environmentalists Sue New Mexico Over Air Pollution Violations in Landmark Lawsuit

A landmark constitutional lawsuit against the state of New Mexico for its failure to regulate increasing air pollution is set to be heard in a major hearing on Friday. Several groups are seeking permission to intervene in the case, which was filed in May and involves Indigenous communities and environmentalists who claim that the state is violating the pollution control clause of its constitution.

The plaintiffs will argue their case before the First Judicial District Court against motions from the Independent Petroleum Association of New Mexico and the New Mexico Chamber of Commerce, who claim that this lawsuit will have a direct impact on their business interests. However, Gail Evans, lead counsel for the plaintiffs, argues that only the state can violate constitutional rights. The state has also filed a motion to dismiss the lawsuit at a time when New Mexico is experiencing historic levels of oil production, second only to Texas.

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