Civil rights violated by New Mexico approving oil and gas operations, lawsuit says

A lawsuit sought a halt to oil and gas permitting by the State of New Mexico, citing the alleged failure by state agencies to prevent environmental degradation as fossil fuel operations boomed.

On the heels of COVID-19 and subsequent increased demand for fuel worldwide, further exacerbated by Russia’s invasion of Ukraine, production in the U.S.-leading Permian Basin shared by New Mexico and Texas continued to grow, providing billions in state revenue.

But that came at the expense of the state’s air, land and water, read the suit filed Wednesday by a coalition of environmental groups including Santa Fe-based WildEarth Guardians and the Center for Biological Diversity.

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The suit invoked a 1971 amendment to New Mexico’s Constitution known as the Environment Improvement Act which required the Legislature and state administration to protect the environment from pollution, and allowing, according to the suit, for lawsuits if such a duty was breached.

“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,” read the amendment listed as Article XX, Section 21.

“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.”

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Filed in the First Judicial District Court in Santa Fe, the lawsuit listed as defendants the State, Legislature, Gov. Michelle Lujan Grisham, the New Mexico Environment Department (NMED) and Cabinet Secretary James Kenney along with the Energy, Minerals and Natural Resources Department (EMNRD) and Cabinet Secretary Sarah Cottrell Propst.

NMED and EMNRD are the main agencies in New Mexico that regulate the oil and gas industry, and each passed stricter regulations in 2022 and 2021, respectively, aiming to reduce air pollution emissions from fossil fuel facilities and increase requirements for operators.

Lujan Grisham's office in a statement responding to the lawsuit touted new regulations it said were some of the strongest in the U.S. in curbing fossil fuel pollution.

“This administration is proud of its record on the environment, including when it comes to regulating the state’s oil and gas industry. 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," the statement read.

But it wasn’t enough to prevent environmental damage in New Mexico, the suit contended, including the destruction of Indigenous cultural artifacts, water and air resources and native plants and animals.

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This violated the rights of all New Mexicans, read the suit, as the State continued issuing permits to allow oil and gas operations the plaintiffs argued were known sources of pollution.

“Plaintiffs seek a declaratory judgment that Defendants are failing to meet their constitutional duties to control the despoilment of the air, water, environment and natural resources of New Mexico from the impacts of oil and gas pollution,” read the suit.

Authorizing new oil and gas operations should cease, the suit read, until the State complied with the law.

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Continued oil and gas permitting without adequate pollution controls resulted in “very poor” air quality in New Mexico’s extraction region, the suit read.

The U.S. Environmental Protection Agency last year announced it was considering listing the Permian Basin in “non-attainment” with federal air standards for ground level ozone, a cancer-causing pollutant believed tied to fossil fuel production.

“Plaintiffs and many other New Mexicans face grave harms to their health, safety and longevity caused by the Defendants’ authorization of oil and gas development and production without an adequate system for controlling the pollution and despoilment of natural resources from such activities,” read the suit.

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Gail Evans, an attorney with the Center for Biological Diversity said legal action must be taken as New Mexico’s continued permitting of oil and gas was a violation of civil rights.

“New Mexico’s failure to control oil and gas pollution violates our constitution and fundamental human rights to clean air, land and water,” Evans said. “If concern for our environment and public health won’t push New Mexico’s leaders to control the reckless oil and gas industry, we hope legal action will.”

Aside from environmental organizations, the suit also listed residents and leaders from local communities in the Permian Basin and the northwest New Mexico San Juan Basin, where long-term extraction was believed to risk destruction of cultural remains held sacred by the Navajo Nation.

Mario Atencio of the Torreon/Starlake Chapter of the Navajo Nation said sacred lands were devastated by oil and gas operations and associated pollution, with little action taken by State regulators.

“New Mexico has allowed sacred Diné lands in the Eastern Navajo Agency to be completely ravaged by oil and gas extraction and pollution,” Atencio said. “There is zero accountability for the dangerous air pollution that my community breathes and the toxic spills that pollute our precious lands and waters.”

Adrian Hedden can be reached at 575-628-5516, achedden@currentargus.com or @AdrianHedden on Twitter.

This article originally appeared on Carlsbad Current-Argus: New Mexico oil and gas operations violate civil rights, lawsuit says