Govind Tekale
A New Mexico appeals court has thrown out a lawsuit that claimed the state failed to protect citizens from oil and gas pollution. The three-judge panel ruled on June 3, 2025, that courts cannot decide if pollution controls are good enough. Environmental groups have promised to take their fight to the state’s Supreme Court.
The lawsuit was the first to use New Mexico’s pollution control clause, a 1971 addition to the state constitution that requires prevention of air, water, and land contamination.
The judges rejected the case, saying New Mexico’s history shows that oil drilling and environmental protection must exist side by side. They decided that the constitution gives lawmakers, not courts, the job of balancing these interests.
Gail Evans, lead attorney for the Center for Biological Diversity, didn’t hold back her criticism.
“Fifty years ago, New Mexico voted to amend the constitution and to provide protections from industry pollution and the court has found today that the amendment—the pollution control clause—is essentially meaningless, and that has to be wrong,” Evans said.
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Native American communities and environmental groups brought the lawsuit because they believe oil and gas operations harm public health. They point to breathing problems in communities near drilling sites and toxic spills, which happen about four times every day in New Mexico.
This legal battle comes while New Mexico enjoys record money from the Permian Basin, one of the world’s richest oil regions. As America’s second-largest oil producer, New Mexico depends heavily on oil money, which makes up about 35% of the state’s planned $13.6 billion revenue next year.
Governor Michelle Lujan Grisham has created rules to limit methane and other pollution from oil and gas operations. But the groups who sued say these efforts aren’t enough and that existing rules aren’t properly enforced.
The New Mexico Oil and Gas Association was happy with the court’s decision. Missi Currier, the association’s President and CEO, stressed that making policy should be separate from court decisions. She said the industry remains committed to responsible development and environmental care while creating jobs.
The environmental groups have suggested several solutions through new laws, including keeping new oil wells at least one mile from schools, creating mandatory penalties for spills, and stopping oil companies from using fresh water when recycled water is available.
This case follows a similar lawsuit in Montana where young climate activists won their argument that the state violated their constitutional rights by supporting fossil fuels without thinking about climate impacts.
The New Mexico Supreme Court will now decide whether the state constitution gives people enforceable rights to environmental protection or just provides suggestions for lawmakers to follow.
