ALBUQUERQUE, NEW MEXICO (AP) – New Mexico and its Democratic governor are being sued over alleged failures to meet constitutional provisions for protecting against oil and gas pollution, a challenge that comes as the nation’s number two oil-producing state rides a wave of record revenue from drilling in one of the most prolific collection of oil fields in the world.
A coalition of environmental groups filed a lawsuit on Wednesday in state district court, marking the first time the state constitution’s pollution-control clause has been the basis of such a legal claim. The 1971 amendment mandates that New Mexico prevent the despoilment of air, water and other natural resources.
The challenge comes as New Mexico rides a wave of record revenue from development in the Permian Basin, currently one of the world’s most productive oil-producing regions. Oil-related revenue collections have surged passed five-year averages to fund a considerable amount of the state’s budget, including education and social programs.
Meanwhile, Governor Michelle Lujan Grisham’s administration is policing the industry with regulations that target methane and other emissions.
The goal is capturing 98 per cent of all natural gas waste by the end of 2026, and drilling permits could be denied if operators fail to meet targets.
But the Center for Biological Diversity and other groups say these efforts are not enough and that the state is failing to enforce existing pollution-control measures.
They want oil and gas permitting to be suspended until the state implements “a statutory, regulatory and enforcement scheme that ensures the protection of New Mexico’s beautiful and healthful environment”, the lawsuit reads.
Lujan Grisham’s office said on Wednesday that her administration was proud of its record on the environment.
“Frankly, this is a misguided lawsuit that will only serve to distract the state from conducting additional work on environment and climate solutions and from enforcing the nationally leading regulations this administration fought hard to get on the books,” said the governor’s spokesperson Caroline Sweeney.
The plaintiffs include the groups Indigenous Lifeways, Pueblo Action Alliance, Youth United for Climate Crisis Action and WildEarth Guardians. The Pueblo Action Alliance is among the Native American groups that have been pushing for the United States Interior Department to stop drilling across a wide swath of land beyond the borders of Chaco Culture National Historical Park in northwestern New Mexico.
Energy industry organisations have argued that the group is not in good standing with the Secretary of State’s Office.
Efforts to stop oil and gas development in the Chaco area and in southeastern New Mexico have mostly been fought in federal court, with US land management policies being the focus. Recent claims have centered on the Bureau of Land Management and whether the agency has been taking a cumulative look at the potential effects of permitting more wells.
