A New Mexico judge has given the green light for a significant lawsuit to move forward, which claims that the state has not fulfilled its constitutional duties in safeguarding against oil and gas pollution. The case, initially filed in 2023 by environmental groups and Native Americans residing near oil wells in the state, seeks compliance with a pollution control clause in the New Mexico Constitution.
Judge Matthew Wilson rejected the state's motion to dismiss the case, emphasizing the need for a more thorough examination of New Mexico's obligations under the constitution. Attorneys for the plaintiffs welcomed the judge's decision, stating that it will provide affected residents with the opportunity to present evidence of constitutional violations.
The lawsuit highlights concerns over the consequences of increased oil and gas development in New Mexico, particularly in areas such as the Permian Basin and the San Juan Basin. Despite recent rule changes by Governor Michelle Lujan Grisham's administration aimed at reducing emissions from the industry, environmental groups have raised issues regarding enforcement.
The administration is also facing criticism over proposed regulations for the treatment and reuse of fracking water, with advocates pointing out potential conflicts of interest among officials involved in the rulemaking process. The lawsuit underscores the surge in pollution resulting from the exponential growth of oil production in the state over the past decade.
Lead plaintiff Mario Atencio, a Navajo individual, expressed concerns about the risks posed to his family's lands from spills at well and processing sites in northwestern New Mexico. The case represents a critical step towards holding the state accountable for protecting the environment and public health in the face of expanding oil and gas operations.
