Landmark New Mexico Oil Pollution Lawsuit Appealed to State Supreme Court

SANTA FE, N.M.— A coalition of Indigenous, frontline, youth and environmental organizations, and community members asked the New Mexico Supreme Court today to hear their appeal in a landmark lawsuit over the state’s failure to protect public health and the environment from the harms of oil and gas pollution, as required by the constitution.

Today’s request comes after a state court of appeals dismissed the lawsuit, Atencio v. State of New Mexico, last month.

“By dismissing our suit, the court of appeals attempted to strike our rights to a healthy environment from the constitution,” said Johnny Juarez, a plaintiff and organizer with Youth United for Climate Crisis Action. “The Supreme Court cannot let this decision stand. The future of New Mexico’s youth depends on controlling oil and gas pollution and the constitution mandates just that.”

The first-of-its-kind lawsuit seeks to compel the legislature, governor and state agencies to come into compliance with 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.

“This appeal to the Supreme Court is based on the conviction that our constitution and its explicit protections for our health and environment must be upheld,” said Gail Evans, an attorney at the Center for Biological Diversity. “The court of appeals’ unfair dismissal of our lawsuit was based on a severe misreading of the constitution’s pollution control clause and will allow leaders to continue abdicating their duty to protect people from rampant oil and gas pollution. We look forward to making our case on behalf of every New Mexican in front of the Supreme Court.”

Oil production in New Mexico has increased more than 10-fold since 2010. This surge of production has created devastating air, water and climate pollution in the San Juan Basin — part of the culturally important Greater Chaco Landscape — and the Permian Basin, one of the largest oilfields in the world. Despite this unprecedented pollution and a constitutional duty to control it, decades-old exemptions mean that the oil and gas industry is almost untouched by environmental regulation.

“Oil and gas pollution destroys more sacred land across the Greater Chaco Landscape each year. My family’s land has been contaminated, and the health of my community is threatened by spills of toxic liquid waste and air pollution from fossil fuel infrastructure,” said Mario Atencio, a plaintiff in the case from Eastern Navajo Agency. “The legislature has shown time and again that it values the fossil fuel industry over its obligation to protect our environmental health and heritage. This is the Supreme Court’s chance to ensure that our constitution has meaning.”

Meanwhile, as the state faces increasing aridification from climate change, oil companies use vast quantities of New Mexico’s dwindling fresh water resources for fracking. In 2019 the industry used approximately 14 billion gallons of New Mexico's fresh water resources — equivalent to household use for more than 278,000 people.

“New Mexico has long suffered from a history of sacrificing communities, land and water for the benefit of extractive industries,” said Julia Bernal, a plaintiff and executive director of Pueblo Action Alliance. “Unfortunately, that history is still a current reality. Oil and gas pollution continues to harm our communities, poison our water and air, and threaten our sacred places. The state has a constitutional obligation to control pollution and we’re calling on our highest court to uphold that duty.”

“As the federal government abdicates its environmental protection responsibilities under the current administration, it is more important than ever that the state take action to protect clean air, clean water, and healthy communities in New Mexico,” said Tim Davis, an attorney with WildEarth Guardians.

The constitutional lawsuit has far-reaching implications. As the second-largest oil-producing state in the country and one of the leading gas producers, New Mexico is responsible for over 50% more greenhouse gas emissions than the national average. Pollution from New Mexico’s oil and gas industry plays a colossal role in the climate crisis, threatening plaintiffs’ right to a livable future.

The case was brought by Indigenous Lifeways, Pueblo Action Alliance, Youth United for Climate Crisis Action, Center for Biological Diversity, WildEarth Guardians and individuals living on the frontlines of oil and gas extraction. The plaintiffs held a virtual press conference today, which can be streamed here.