Appeal Pledged After Dismissal of Landmark New Mexico Oil, Gas Pollution Lawsuit
Organization Press Release – From the Center for Biological Diversity
SANTA FE, N.M.— Plaintiffs pledged to appeal the New Mexico Court of Appeals’ dismissal today of a landmark lawsuit over the state’s failure to uphold its constitutional duty to protect public health and the environment from the harms of oil and gas pollution.
The case was brought against the governor, legislature and state agencies by Indigenous, frontline, youth and environmental groups.
“New Mexicans amended our constitution 50 years ago to protect our residents from pollution. With this terrible ruling, the court has eviscerated our constitutionally protected rights,” said Gail Evans, an attorney at the Center for Biological Diversity. “This will lead to more air pollution, more contaminated land and water, and more sickness in our communities. We’ll continue our fight against the filthy oil and gas industry on behalf of all New Mexicans and will be appealing this decision to the state Supreme Court.”
The lawsuit, Atencio v. State of New Mexico, is the first to challenge the state for violating the pollution control clause of the New Mexico Constitution. Article 20, Section 21 requires the state to prevent the despoilment of air, water and other natural resources and protect New Mexico’s beautiful and healthful environment. Plaintiffs also challenged the state for violating the constitution’s equal protection and fundamental rights clauses.
Oil production in New Mexico’s Permian Basin, one of the largest oilfields in the world, has increased nearly 10-fold since 2010, leading to a surge of devastating air, water and climate pollution.
Plaintiffs in the case are seeking pollution control laws and robust enforcement to protect public health and the environment from the fossil fuel industry.
The Center for Biological Diversity is a national, nonprofit conservation organization with more than 1.8 million members and online activists dedicated to the protection of endangered species and wild places.
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