The state court of appeals ruled that New Mexico law does not offer the protection that advocates sought in their suit.
SANTA FE, N.M. — It’s a loss today for some advocates — including some children — who sued the state. They claimed New Mexico wasn’t doing enough to prevent pollution from oil and gas drilling.
Today the state court of appeals ruled New Mexico law doesn’t offer the protection those advocates wanted in the Atencio v. State of New Mexico lawsuit. Two years ago, children in Montana sued that state for the same issue and won.
Gail Evans, an attorney for the Center for Biological Diversity, issued a statement in response.
“New Mexicans amended our constitution 50 years ago to protect our residents from pollution. With this terrible ruling, the court has eviscerated our constitutionally protected rights. This will lead to more air pollution, more contaminated land and water, and more sickness in our communities. We’ll continue our fight against the filthy oil and gas industry on behalf of all New Mexicans and will be appealing this decision to the state Supreme Court.”
In contrast, Missi Currier, the president and CEO of the New Mexico Oil and Gas Association, issued a statement in support of the court’s ruling.
“We commend the New Mexico Court of Appeals for its thoughtful and decisive ruling to dismiss the lawsuit in Atencio v. State of New Mexico. This decision affirms the importance of maintaining a clear, constitutional separation between policymaking and judicial interpretation. Our state’s oil and gas industry remains committed to responsible development, environmental stewardship, and economic opportunity for all New Mexicans. We believe that meaningful progress on climate and energy must come from collaboration, innovation, and respect for the rule of law. Today’s ruling reinforces that principle.”
DJ Kamal Mustafa
I’m DJ Kamal Mustafa, the founder and Editor-in-Chief of EMEA Tribune, a digital news platform that focuses on critical stories from Europe, the Middle East, Africa, and Pakistan. With a deep passion for investigative journalism, I’ve built a reputation for delivering exclusive, thought-provoking reports that highlight the region’s most pressing issues.
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