The Pollution Control Clause of the New Mexico Constitution (Art XX. Sec. 21), adopted in 1971:
The protection of the state's beautiful and healthful environment is hereby declared to be of fundamental importance to the public interest, health, safety and the general welfare. The legislature shall provide for control of pollution and control of despoilment of the air, water, and other natural resources of this state, consistent with the use and development of these resources for the maximum benefit of the people.
The pollution-control clause of the New Mexico Constitution was adopted more than 50 years ago. But since then the legislature has failed to put in place laws and programs to control pollution from oil and gas and has even exempted industry from key environmental-protection statutes. Putting polluters over people, it gives oil and gas a free pass to contaminate land, air and water, and damage Indigenous ancestral landscapes. By authorizing oil and gas extraction without adequate pollution controls, the state is violating its own Constitution.
The state is violating its duty to protect our beautiful and healthful environment and protect our air, water and other natural resources from despoilment.
The state is violating the fundamental constitutional rights to, life, liberty, property, safety and happiness, as well as equal treatment of frontline, youth, and Indigenous communities who are disproportionately harmed.
The Plaintiffs
The plaintiffs are represented by attorneys with the Center for Biological Diversity, WildEarth Guardians, and Daniel Yohalem.
