A constitutional lawsuit against the state of New Mexico for failing to control rising air pollution is set for a major hearing on Friday. Several groups, including indigenous communities and environmentalists, have filed the lawsuit in May, claiming that the state is violating the pollution control clause of the New Mexico Constitution. The plaintiffs argue that the state’s actions are harming its people and natural resources.
The lawsuit pits several groups against each other, with lead counsel Gail Evans arguing on behalf of the plaintiffs and the New Mexico Independent Petroleum Association and New Mexico Chamber of Commerce opposing it. However, Evans argues that only the state can violate constitutional rights. Meanwhile, the state has filed a motion to dismiss the lawsuit as it experiences historic levels of oil production, second only to Texas.
While there are calls for a “green amendment” that would give citizens the right to a clean and healthy environment, this lawsuit focuses specifically on air pollution control in New Mexico. The hearing will begin on March 29 at 2:00 PM MST and be available for viewing via Google Meet.